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July 2002 The Monthly Newspaper of the Philadelphia Bar Association Vol. 31, No. 7 Ar c her Calls for Increased Diver s i t y
by Nina Wright-Padilla delivering the fourth annual Judge A. with news that the Civil War had Leon Higginbotham Jr. Public Interest ended and the slaves were free. Why did we decide to go to law Lecture. The lecture was inaugurated Archer suggested that the school? Why did we put ourselves by the Public Interest Section to honor Juneteenth celebration reminds us that through the rigorous challenges of law the memory of the late Third Circuit “despite our proclamations, rulings and school and study to pass the bar exam Court of Appeals Chief Judge A. Leon law, all too often in this country justice and to earn the right to practice law? Higginbotham Jr. is denied. Even though every day Dennis W. Archer, likely president- Archer began his lecture by noting Americans sincerely put their hands on elect of the American Bar Association, that the date, June 18, preceded by one their hearts and pledge for liberty and former Michigan Supreme Court justice day Juneteenth, the oldest known cele- justice for all, many in society, like the and former mayor of Detroit, urged us bration of the ending of slavery. slaves in 1865 Galveston, Texas, are not to consider the answers to the above It was on Juneteenth (June 19, 1865), there yet.” questions at the Quarterly Meeting and 2 1/2 years after the signing of the Archer impressed upon the audi- Luncheon on June 18. Emancipation Proclamation, that Union ence that as lawyers we not only speak Archer asked those questions while soldiers landed in Galveston, Texas, continued on page 13 Dennis W. Archer Bar Night at the Phillies Rep ort: Do More Pro Bono Wor k
by Daniel A. Cirucci and Jeff Lyons “This report,” Gordon said, “contains recommendations that will help ensure Philadelphia lawyers have reason to that our Association will continue to be proud of their collective “commit- be a leader in the delivery of legal ser- ment to make legal services available vices provided pro bono publico (for to the poor and needy” in the region the good of the public).” Such services but the “justice system still remains are usually provided by lawyers closed to many” and much more needs through various public interest pro- to be done. grams at no fee or a reduced fee as part That’s one of the key conclusions of of their ethical commitment under the a sweeping 78-page report released in Rules of Professional Conduct. June by the Association and hailed by continued on page 7 Chancellor Allan H. Gordon as “a com- prehensive inventory of what we’ve done and a blueprint for the future of In This Issue ... our efforts to deliver legal services to those in need.” The report was accepted 3 New Online Services for review and consideration by the 5 Federal Bench-Bar Chancellor Allan H. Gordon gets a playful greeting from the Phillie Phanatic after Board of Governors at its June 27 meet- Gordon threw out the ceremonial first pitch at Bar Association Night at the Phillies on ing. The entire report is available on 6 Midyear Retreat June 15. More than 150 people from the Association attended the game. the Association’s Web site, www.philadelphiabar.org. 11 Technology Tips
Visit the Philadelphia Bar on the Web at www.philadelphiabar.org • Look for Bar Reporter Online e-newsbrief every Monday morning 7/02 PBR 7/9/02 2:53 PM Page 2
With Pro Bono Work, More is Better
by Allan H. Gordon
We need to do better. We need to do We’ve set the pace for pro bono here in Philadelphia and our efforts are more. F R O N T L I N E looked upon as a national model. But I sensed that the time had arrived We need to help more. We need to give more. We need to work harder. to take a fresh look at things and search beyond what we’ve already If this Association’s just-released Pro accomplished. Because that’s really the only way to stay in front of the Bono Task Force Report could talk to us much like an old friend, this is what challenge of providing adequate legal representation to those who seek it would be saying right now. but cannot afford such representation. OK - maybe you’ve heard this before. But you’ve never heard it com- bined with the comprehensive history lenge of providing adequate legal rep- tomorrow, or next week, or next month and staggering amount of demonstra- resentation to those who seek but can- or even next year. But we’d better get tive evidence gathered in this stunning bono legal services. They’ve given us a not afford such representation. started today. 78-page report. This 21-member task solid action plan for the future. And we owe at least that much to Each and every one of us needs to force has done its work and done it Let’s face it - we can’t figure out our law-related public interest agencies think about how we can help and well. where we are going until we review and the clients they serve. what more we can do to increase Under the direction of co-chairs where we’ve been, collect all appropri- So, I hope the Pro Bono Task Force access to justice and help improve the Aretha Delight Davis and Seymour ate information, listen to pertinent tes- Report will be a helpful, positive wake- lives of the citizens of this city. The Kurland and with the help of consul- timony and think about what our up call to every lawyer and every law challenge is great. The needs are stag- tant Lou Rulli who is practice professor needs and goals are. That’s exactly firm in the city. I hope that groups and gering. And we simply aren’t doing of law at the University of Pennsyl- what this task force did. And they did individuals will read and study the enough right now. vania, the task force that I appointed in it on-time and at little or no added report carefully, thoroughly, deliberate- January has done a monumental job. cost to this Association. ly and give it the attention that it Allan H. Gordon, a partner o at l sK b,y Gordon, Robin, Shore &B e z a,r is Chancellor of the Philadelphia Bar They have performed a great service Is this task force report highly aspi- deserves. You can find a report sum- Association. His e-mail addressh a is n c e l l o r @ p- h i l for the Association in three important rational? You bet it is. Does it chart an mary and the full text online at a ba r. o r g . ways: ambitious path? Absolutely. What else www.philadelphiabar.org. First, they’ve taken an inventory of would you expect from one of I know that we won’t all agree on everything we’ve done in pro bono up America’s most progressive and most every single observation or recommen- to this point and have, for the first innovative bar associations? dation in the report. I know that there time, completely detailed the journey We’ve set the pace for pro bono will be healthy disagreement and that we’ve made thus far. here in Philadelphia, and our efforts debate. But the process and the dia- Second, they’ve identified current are looked upon as a national model. logue will be good for all of us. Every and anticipated future pro bono needs. But I sensed that the time had arrived constructive contribution to the debate Editor-in-Chief Third, they’ve given us specific, to take a fresh look at things and is sought and welcomed. And, certain- Bruce H. Bikin, Esq. practical, detailed recommendations search beyond what we’ve already ly, every serious effort at self-examina- Associate Editors designed to solidify and build upon accomplished. Because that’s really the tion is strongly encouraged. Glenn F. Rosenblum, Esq. our enviable record in providing pro only way to stay in front of the chal- We won’t solve these problems Molly Peckman, Esq. Sunah Park, Esq. Nina Wright-Padilla, Esq. leadership for both defending and crit- getting more of its members involved Contributing Editor icizing the judiciary when necessary in pro bono, it would not hide those Richard Max Bockol, Esq. and appropriate. opportunities on a page that can only L E T T E R S Thank you once again for support- be found down an unmarked electron- Advisory Editors ing a fair and independent judiciary. ic path. Pro bono is not just for mem- Merih O. Erhan, Esq. Support Appreciated bers of the Public Interest Section. How Marc Reuben, Esq. James J. Fitzgerald III about making “PRO BONO” a link on Director of Publications and New Media Mark A. Tarasiewicz To the Editor: Administrative Judge the home page, and give it the priority I wish to commend and thank Philadelphia Court and attention it deserves? Managing Editor Chancellor Allan H. Gordon for his of Common Pleas Jeff Lyons Carl Oxholm III “Frontline” article, appearing in the Copy Editor June edition of the Philadelphia Bar Promote Pro Bono Vice President and General Counsel Kate Maxwell Drexel University Reporter,stressing the importance of Associate Executive Director To the Editor: judicial independence. He captured the for Communications and Public Affairs essence of what the judiciary must be I was pleased to read that pro bono (Editor’s note: A link to the new Pro Bono Daniel A. Cirucci opportunities are now listed on the Corner can be found on the Association’s home in order to safeguard the constitutional Executive Director freedoms that are the heart of our Association’s Web site. But if the page at www.philadelphiabar.org.) Kenneth Shear Association were truly interested in democracy. Our nation is the envy of The Philadelphia Bar Report e r (ISSN 0145-3491) is every other nation in the world published monthly and available by subscription for $45 per year by the Philadelphia Bar Association, 1101 because of our constitutionally guaran- Market St., 11th fl., Philadelphia, Pa. 19107-2911. Periodicals postage paid at Philadelphia, Pa. POST- teed freedoms that are upheld through Tell Us What You Think! M A S T E R : Send address changes to Philadelphia Bar an independent judiciary. A judge must R e p o rt e r, c/o Philadelphia Bar Association, 1101 The Philadelphia Bar Reporterwelcomes letters to the editors for publication. Market St., 11 fl., Philadelphia, Pa. 19107-2911. always have the courage to make an Letters should be typed. There is no word limit, but editors reserve the right to Telephone: (215) 238-6300. Association Web site: unpopular decision when that is the ww w. p h i l a d e l p h i a b a r. o r g. Newspaper e-mail addre s s : condense for clarity, style and space considerations. Letters must be signed to re p o rt e r @ p h i l a b a r. o rg. The editorial and other views proper decision. As I stated in my pre- verify authorship, but names will be withheld upon request. Letters may be expressed in the Philadelphia Bar Reporterare not nec- essarily those of the Association, its officers, or its sentation to the Board of Governors in mailed, faxed or e-mailed to: Jeff Lyons, Managing Editor, Philadelphia Bar Reporter, members. Advertising rates and information are avail- April, the judiciary appreciates and able from American Lawyer Media, 1617 JFK Blvd., Philadelphia Bar Association, 1101 Market St., 11th floor, Philadelphia, Pa. 19107- Suite 1750, Philadelphia, Pa. 19103-9655. Telephone: thanks the members of the 2911. Phone: (215) 238-6345. Fax: (215) 238-1267. E-mail: [email protected]. (215) 557-2300. Philadelphia Bar Association and its
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Free Darrow Bar Unv eils New Performance on Sept. 25 Online Ser v i c e s
Actor Paul Morella will perform his by Mark A. Tarasiewicz information, and an e-mail receipt will critically acclaimed one-man show “A automatically be sent to you once the Passion for Justice – the Clarence Looking for a quick and easy way to transaction is successfully processed. Darrow Story” Wednesday, Sept. 25 at register for a Bar Association event, or The Philadelphia Bar Association 4:30 p.m. at the PBI/PBEC Education renew your Bar membership? Web site uses Secure Sockets Layer Center. Admission is free, but reserva- Searching for summaries of the latest (SSL) technology, the standard in Inter- tions are required. cases in your area of practice? net encryption, to protect the security “The Clarence Darrow Story” shows With several new online services of credit card information. The technol- Darrow in his greatest crisis – his sen- now available from the Philadelphia ogy is provided by VeriSign, the lead- sational trial for bribery and jury tam- Bar Association, these features are just ing provider of digital trust services. pering – and his stinging defeats, as a few clicks away. The new Web site services were well as his famous triumphs, including Online payment via credit card is designed to allow for maximum ease of the Scopes Monkey Trial, the Leopold- now available on the Bar Association’s use. For example, with online event Loeb thrill murder case and the Ossian Web site, www.philadelphiabar.org. registration, members can specify spe- Paul Morella as Clarence Darrow Sweet civil rights trial. The performance The site accepts VISA, MasterCard and cial/dietary needs, as well as register features the best of Darrow’s most He has performed in regional theater, American Express. With your credit multiple attendees in a single transac- emotional and explosive summations, film, television and radio for more than card, you can register for an event, tion. his passionate pleas for mercy and the 20 years. A Masters of Fine Arts gradu- renew your Bar membership or submit For members who prefer to conduct showdown with William Jennings ate of Catholic University, he also a new Bar membership online. their transactions by fax or regular Bryan on the teaching of evolution. teaches persuasion techniques as part Events available for online registra- mail, printable registration forms and a Morella received critical acclaim as of the Trial Practice Program at the tion include the Quarterly and Annual printable membership application are well as a Helen Hayes Award nomina- Washington College of Law. Meeting Luncheons, Section and Young still available on the Web site. tion for his performance as Roy Cohn The peformance will be held in the Lawyers Division special events, Prayer Additionally, annual membership in Tony Kushner’s “Angels in America.” PBI/PBEC Education Center on the Breakfast, the Philadelphia Bar renewal forms will continue to be sent He has also appeared as prosecuting 10th floor of the Wanamaker Building, Foundation’s Andrew Hamilton Ball via mail to Bar members and law firm attorney Horace Gilmer in “To Kill a Market and Juniper streets. For more and Golf Classic as well as other major administrators who handle group Mockingbird,” as well as attorney information, contact the Bar Bar-sponsored events. renewals. Jarreld Schwab in “The Pelican Brief.” Association at (215) 238-6303. To access these online services, sim- Members with questions about ply click on the link for the service you online event registration can contact desire on the www.philadelphiabar.org Genna Viozzi, public relations associate, home page navigation bar and you will at 215-238-6342, or by e-mail at Video Has Practical Tips be directed to the appropriate Web [email protected]. Those with ques- form. Once you submit the required tions about online membership renew- information, an e-mail confirming the al or new memberships can contact for Law Firm Marketing details of your transaction will be sent Andrea Morris, membership coordina- tor, at 215-238-6313, or amorris@phil- Law firm marketing doesn’t have to immediately to your designated e-mail abar.org. be complicated. For more information address. A Bar Association staff mem- That’s the message of a new self- • To order the video, visit www.philadelphi- ber will then process your credit card continued on page 9 help video available from the Phila- abar.org/db30/cgi-bin/pubs/video.pdf delphia Bar Association. The new video, featuring law firm marketing director keting failure and how you can avoid Pamela McCarthy of Klehr, Harrison, them. Harvey, Branzberg and Ellers contains •How to minimize the time you effective, proven marketing tips for use spend on marketing efforts and maxi- by solo and small firms as well as larg- mize results. er firms. The 85-minute program, pro- •What “value added” really means duced with the help of a grant from the and how to make it work for you. American Bar Association, reveals valu- •How to develop a marketing plan able marketing secrets, such as: and keep it viable as circumstances •How to maintain a quick and easy- change. to-use contact list. •Why certain direct mail efforts and •Where to network for best market- “cold” contacts are often a waste of ing results. time. •How to take maximum advantages According to Richard Furia and of everyday marketing vehicles you Joseph Prim, co-chairs of the may be overlooking. Association’s Solo and Small Firm •Why you need to build your mar- Management Committee, the video is a keting base with assets you already “bread-and-butter, practical roadmap have. to marketing that contains good ideas •How you can turn your own for law firms of all sizes.” accomplishments into an advertise- Furia and Prim noted that through ment for your firm. the efforts of the ABA the Association is •Why you need to make client refer- now able to make the video available rals pay off in more ways than one. to members “virtually at cost” for •Where you will encounter the $14.95 including shipping and han- stumbling blocks that will lead to mar- dling.
BAR REPORTER / JULY 2002 3 7/02 PBR 7/9/02 2:53 PM Page 4
Federal Courts Committee Me m b ers Experience Electronic Courtroom
by Mary Ellen O’Laughlin counsel tables. The courtroom is equipped with an tion feature so that any section that is The video evidence system consists audio input that can be used for listen- flagged can be later pulled up on the Members of the Federal Courts of an integrated document camera sys- ing to FBI surveillance tapes. There is computer, clicked on and replayed. The Committee got a firsthand look at the tem, a digital printer, a videotape an infrared emitter that transmits system allows for playbacks in the play, court’s new electronic courtroom at recorder and a digital audio recorder. audio to wireless headsets on multiple forward and reverse modes. A DVD their June 5 meeting in Courtroom 3A In order to connect into the evidence channels. The proceedings can be rather than a tape can be used on the of the U.S. District Court for the Eastern presentation system the attorneys must amplified for the hearing impaired. audio system and flagged and played District of Pennsylvania. bring their own laptop computers. There is a phone connection in the back in the same manner. Real-time Chief Judge James T. Giles welcomed Kunz noted that no court order is floor of the courtroom so that an inter- transcription is possible, but must be the Committee to the electronic court- needed to bring a laptop into the cour- preter can be dialed in and can pro- arranged with the court stenographer room and gave a brief history of its thouse, but it will be inspected by vide interpreting services, heard over who will provide the necessary laptops development, noting the important security. The laptop can be plugged in the wireless headsets. In addition, any and software. role of the Eastern District Clerk’s at the counsel tables or the evidence number can be dialed in and the entire Spano explained that there is a uni- Office in achieving this accomplish- trolley. The document camera is a ver- courtroom can listen to the conversa- versal interface located under counsel ment. Michael Kunz, clerk of the court, tically mounted camera that can be tion through a sound system that turns tables and that in his experience the then provided the Committee with an used to display documents, x-rays and the courtroom into a speakerphone. system will work with any computer or update on the construction, noting that 3-D objects to flat panel monitors that Courtroom 3A has the capability of software, although in the case of a Courtroom 3A is the first of five full- are located at the bench, the evidence accommodating multiple interpretation Macintosh, a converter might be need- size courtrooms that will be equipped trolley, in the gallery and in the jury of foreign languages. Courtroom 3B ed. Spano suggested that anyone as electronic courtrooms. Courtroom box. The monitors in the jury box are will also have this capability, but the intending to use the courtroom test the 3B is being completed and courtrooms placed between juror seats so that two other electronic courtrooms will only equipment to ensure it is compatible 17B, 15B and 10A are scheduled for jurors share a monitor. The jurors can be able to accommodate the interpre- with his or her laptop and software completion in September and October. also view the monitor at the evidence tation of a single language. and that the videotapes or audiotapes Courtrooms 4A and 4B have already trolley. The entire page of a document The video conferencing system with intended to be used work before the been outfitted with an Assisted cannot be shown on the screen, but digital pixilation of the courtroom start of trial. Kunz said that the court- Listening System and an integrated the system has zoom capabilities so images provides the capability to speak room will be made available for such court interpreting system, and that the text or image can fill the entire face-to-face with off-site individuals, practice and that arrangements should Courtroom 5B has been equipped with screen. There is an annotation pad at including prisoners, witnesses and be made through the Clerk’s Office, a video conferencing system and a the evidence trolley and the witness attorneys. It can also be used to allow and Chief Judge Giles encouraged document camera. By the end of the stand so that the presenter of the evi- the proceedings to be seen and heard everyone to come to the electronic project a total of 11 courtrooms will dence can, using a fingertip or a point- in another courtroom or location in courtrooms and to familiarize them- have electronic capabilities. If anyone er pen, make annotations on the evi- instances where there is an overflow of selves with the technologies available. wants to use an electronic courtroom, dence shown on the monitor, similar to observers or where a separate location It was noted that the bar will be chal- Kunz said counsel should advise the the annotations that are used in sports has been established for the press. lenged to find ways to use the new presiding judge at the Rule 16 confer- broadcasting. These annotations can be The digital recording system has an technologies to make presentations to ence or the pre-trial conference, but erased by the presenter or maintained encoder card in the courtroom clerk’s the fact finder more interesting, effi- that all requests should be made and the image, as annotated, can then computer that records on CD-ROM cient and effective. directly to the Clerk’s Office by calling be immediately printed from the from the courtroom speakers for tran- screen and used as an exhibit. scription purposes. It has an annota- Mary Ellen O’Laughlin, of counsel l e at h , r K Harri s o n , Michael Hearn or Ed Morrisy at (267) H a r v e, y Branzburg & Ellers LLP, is secretary of the 299-7039. There is no charge for using Anything on the laptop can be shown Federal Courts Committee. the electronic courtrooms. on the monitors. George Spano, of Polysonics Corp., There is also a VCR at the evidence the company retained by the trolley so that videotaped evidence can Administrative Office of the U.S. Courts be shown. The digital printer can make to set up the electronic courtrooms, color prints of any image displayed on demonstrated the electronic capabili- the monitor, including a freeze-frame ties of Courtroom 3A. Polysonics estab- from a videotape. The input controls lished the electronic systems used for for the monitor are located at the the Timothy McVeigh trial and, more judge’s bench and the courtroom recently, the Arthur Andersen trial. clerk’s desk, so that the judge can Spano said Courtroom 3A contains decide what is to be seen by the jurors. mostly display capabilities and that it The judge has a black-out control so is part of the “bigger picture” – to one that the monitors located at the evi- day have a total digital case manage- dence trolley, the jury box and the ment system. There is an access floor gallery can be blacked out while dis- beneath the courtroom that is approxi- cussions concerning admissibility of mately one foot higher than the origi- the proffered evidence are held. There nal floor, with a ramp leading to the is also a noise feature on the micro- counsel tables area. The wires for the phone at the bench so that sidebar technologies are placed there so that conferences can be more private. The there are no wires on the floor of the proceedings can be videotaped using courtroom except for the floor boxes the video cameras located in the court- near counsel tables. Spano said room and played back to the jury. It Courtroom 3A has a video evidence was also noted that even if the attor- system, a video conferencing system neys do not have laptop computers, and a digital recording system. An evi- the document camera at the evidence dence trolley, a podium that includes trolley can be used to display docu- many of the technologies for present- ments on the monitors, in the manner ing evidence, is located in front of of an overhead projector.
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Be n c h-Bar Conference Draws Hundreds
Attorneys C. Clark Hodgson and Sher ry A. Swirsky (left photo) perfor m a phone call skit about the role and responsibilities of local counsel as U.S. District Court Judges Lowell A. Reed and Norma L. Shapir o look on (above).
U.S. District Court Chief Judge James T. Giles welcomes attor - neys to the Bench-Bar Conference. Judge Giles also participated in the presentation “Recent Developments and Hot Topics” along with Clerk of the Court Michael E. Kunz, U.S. District Court Judge Association Vice Chancellor Gabriel L.I. Bevilacqua and Jane L. Petrese B. Tucker, U.S. Bankruptcy Court Judge Kevin J. Carey , U.S. Attorney Patrick L. Meehan addresses the Dalton, vice chair of the Board of Governors, take a break during U.S. Magistrate Judge Linda K. Caracappa, Program Coordinator C o n f e rence. Meehan discussed terr o r i s m , the June 14 Federal Bench-Bar Conference at Ashbourne Countr y M a ry F. Platt and attorneys James M. Becker and Michael H. P roject Safe Neighborhood, pr e d a t o r y lending Club in Cheltenham. Reed. and crime mapping and intelligence.
Federal Courts Committee Chair Howard Scher (left photo) gives final thoughts on the conference. Above, (from left) U.S. Magistrate Judges Cynthia Rufe and Linda K. Caracappa meet with conference coordinator Stephanie Resnick.
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Board of Governors Midyear Retreat Ex pe r t s : More Cuts in Wage Tax Nee d e d
Philadelphia City Councilman Michael Nutter and Judith von Seldeneck (left photo) and Paul Levy (right photo) of the Center City District were among the panelists at the Midyear Retreat.
by Jeff Lyons fighters, either. You can either grow revenues or cut costs. In order to keep residents But you can cut costs without and businesses from leaving cutting services. There are the city and attract new peo- many ways to more efficiently ple and companies, officials run the city,” Nutter said. must continue their efforts to Levy said the single largest lower the wage tax, a panel of source of revenue from the civic leaders told the wage tax comes from city Association’s Board of workers. The dependence on Governors at its June 6 the wage tax here is a huge Midyear Retreat “Century 3: problem, he added, saying 62 Reinventing Our Future.” percent of the city’s revenue Panelists included City comes from the wage tax, Councilman Michael Nutter, while just 20 percent comes Paul Levy, executive director from property taxes. of the Center City District, and He suggested that the city Judith M. von Seldeneck, chair become involved in recruiting of the Greater Philadelphia business to show everything Chamber of Commerce. the city has to offer. “We have “Taxes are the primary bar- locational and educational rier to growth here,” Levy Members of the Board of Governors as well as Section and Committee chairs were in attendance at the June 6 assets to offer relocating busi- said. “We need new develop- retreat. Topics at the retreat included the city wage tax and the future of the Convention Center. nesses,” Levy said. ment. You can’t have neigh- Other topics that were dis- borhood transformation with- the legal community one of industry. Philadelphia’s econ- dents and businesses to move cussed included the out downtown growth.” the largest industries remain- omy needs to diversify,” out of the city. Nutter called Convention Center and “The wage tax is the ing in the city. “As other busi- Nutter said. “At one time, we for the creation of a city tax Fairmount Park. Levy called biggest obstacle we have to nesses are leaving, lawyers are were an incredible center of reform commission to change Fairmount Park “drastically growth,” said von Seldeneck, not,” he said. business and commerce. We the city’s tax structure and underfunded. It’s an extraor- who is also president of The Levy said that every office had the nation’s first stock examine “every tax we have dinary asset. We budget way Diversified Search Companies. job in the city is worth 2 1/2 exchange here. We can do and see how other cities get it too little for that park.” “We need to get the wage times what every hospitality better.” done.” The question of the tax Expansion of the tax rate down closer to 3 per- job is worth. The problem “The partnership between reform commission will Convention Center is in jeop- cent. The legal community with that, Levy said, is that the Chamber of Commerce appear on the November bal- ardy because of difficulties needs to stand up and do office jobs are mobile and and the Bar Association gave lot. involved with the unions something about this, other- companies won’t hesitate to the tax revolt credibility. Your Another way to cut costs, working at the center as well wise it will be business as relocate if the tax situation association is one of the Nutter said, is to reduce the as the low return rate for con- usual in this town,” she said. doesn’t improve. He added lifebloods of the city. But you city workforce. “It’s interesting ventions. “If we don’t stick our necks that there has been explosive can’t run a city with an that as the population Because of the problems out, we’re going to get what growth in office space in the increasingly poor population,” declines, the number of city with the unions, Levy said, we deserve.” suburbs. Nutter said. jobs continues to grow. And fewer than 20 percent of con- Jeffrey M. Lindy, chair of “The city can’t be overly Levy called the wage tax a we’re not talking about trash ventions make return trips to the Board of Governors, called dependent on the hospitality “huge incentive” for both resi- collectors or police or fire- the city.
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Board Gets Community Court Upda t e
by Jeff Lyons admitted. This issue has taken promi- areas around the University of Penn- several years ago as a way to clean up nence in the legal community over the sylvania and University City. the Center City District. It is based on Judge Wendy Pew, who presides past year since the ABA appointed its “The boundaries are a little bigger New York City’s Midtown Community over Philadelphia’s new Community commission to study MJP. That com- than we wanted, but it’s working OK,” Court.. Court, confesses her job isn’t the most mission has issued its final report. The said Babcock. “The offenders are paying the com- legally challenging courtroom she’s Board’s resolution is similar to the ABA Community Court cases are “quali- munity back for the crimes they’ve ever been in. But she says it’s a very, recommendation with some important ty-of-life” cases including retail theft, committed,” he said, adding that the very important job and serves a great differences, including treatment of in- car theft, disorderly conduct, trespass, people who have gone through the function. house counsel and lawyers who have a summary offenses and prostitution. Community Court system would not Judge Pew and court administrator “national” law practice. Sentences are for community service, have gotten help without the court. William Babcock gave the Board of The resolution, submitted by the and offenders clean sidewalks and In other business at the May meet- Governors an update on Community Professional Responsibility Committee, graffiti in Center City and University ing, Chancellor Allan H. Gordon told Court at the Board’s May 30 meeting. had the endorsement of the Public City. After their hearings, defendants the Board he will continue to fight The Board also unanimously approved Interest and Business Law Sections, the are assigned to a treatment program against New Jersey’s bona fide office a resolution calling for the revision of Young Lawyers Division and the Labor and are given their community service rule. The rule requires attorneys prac- ABA Model Rule 5.5 concerning multi- and Employment Law Committee. duties. They also get a health screening ticing in New Jersey to have an office jurisdictional practice (MJP). Community Court handles all sum- and information about free parenting in the state where clients are met, files The proposed rule would allow mary cases and 15 misdemeanors in a and anger management classes as well are kept, the telephone is answered, attorneys under various circumstances Center City area served by the 6th and as help wth job placement, Judge Pew mail is received and the attorney can to practice law on a limited basis in 9th Police Districts. The 3rd and 17th said. be reached in person or by telephone jurisdictions in which they are not Districts were also added, as were the Babcock said the idea was started during normal business hours.
PRO BONO a twist we think we can sell to the Supreme Court. You ought to get CLE continued from page 1 Pro Bono Task Force Report Highlights credit when you receive training to The Pro Bono Task Force Report, take on a pro bono case.” • Making pro bono a part of the culture and fabric of the legal community produced by a 21-member committee Kurland said the CLE plan helps to dramatically increase participation in the direct representation of the poor appointed by the Chancellor in everyone. “You get lawyers to take a and disadvantaged. January, offers 60 detailed recommen- case and you get to be a very well edu- • Asking the Pennsylvania Supreme Court to adopt a measurable standard dations to improve the pro bono cated lawyer.” of 50 hours of pro bono participation per lawyer, per year as an aspirational efforts in the region. Kurland said the 21 members of the goal under the Model Rules of Professional Conduct. Gordon has appointed a special Pro Bono Task Force were a diverse • Awarding continuing legal education credits for lawyers who accept pro committee to be chaired by group who ultimately unanimously bono cases in a new area of practice with a one-time award of two additional Chancellor-Elect Audrey C. Talley to approved every recommendation in credits suggested. consider the Report’s observations and the report. • Requiring all officers and members of the Board of Governors to take at recommendations and suggest possible “When we examined everything least one pro bono case during each year of their service to the Association. action to the Board. Gordon thanked involving pro bono services in the city, • Reporting by lawyers of their pro bono hours annually to the Task Force Co-Chairs Aretha Delight what we found was marvelous. But pro Pennsylvania Supreme Court which would maintain the confidentiality of such Davis and Seymour Kurland and all of bono participation is decreasing and reports and use the information to assess the need for increased services. the members of the Task Force “for needs are increasing. It’s the unmet • Encouraging large and mid-size law firms to support pro bono through their hard work and extraordinary ser- needs we have to address. We have to sound, written pro bono policies and an annual, quantifiable means of report- vice to the profession.” get more people involved,” he said. ing each firm’s pro bono commitment. Louis Rulli, a University of “We need to make pro bono service • Expanding pro bono opportunities for paralegals. Pennsylvania Law School professor and part of the culture of the legal commu- • Recognizing outstanding pro-bono service by law students. consultant to the Pro Bono Task Force, nity. What you need in the big firms in • Honoring the Association’s historic financial commitment to the told the Board three of the recommen- the city is leadership by example,” Philadelphia Volunteers for the Indigent Program (VIP) and raising more dations in the report might “leap off Kurland said. “The big money guys money to increase financial support for pro bono through the Philadelphia Bar the pages when you read them.” need to set the tone for younger asso- Foundation. One of the recommendations, Rulli ciates and take a pro bono case.” • Maximizing technology to enhance the delivery of pro bono legal services, said, would be the creation of a 50- “It’s important as we look at the • Investigating the feasibility of a central home for all area agencies which hour pro bono minimum standard for recommendations that we’re all togeth- provide legal services to the poor. Pennsylvania. Every year, every attor- er in understanding where we’ve been • Considering some type of billable hours credit extended by large firms to ney in the state would have to perform so we can better chart where we’re their partners and associates for pro bono work and viewing pro bono as a 50 hours of pro bono work. going,” Rulli said. positive factor in employee evaluations. “Setting goals helps us accomplish He mentioned a 1987 editorial in • Developing pro bono mentoring programs. things. Without goals, we’re lost. (The the American Bar Association Journalwith 50-hour standard) is achievable and it’s the headline “50 Hours for the Poor.” something that all of us can do,” Rulli The editorial also ran in the Journal of the editorial. “In the church it is called nourishment of accomplishment. said. the American Medical Association. stewardship. In law, it is called pro “This Association has had the Another recommendation likely to “It was a call to the profession say- bono publico. In medicine it is called opportunity to look at what’s hap- draw attention, Rulli said, is the ing that the unmet legal needs of the charity. In everyday society, it is called pened and address unmet needs and to mandatory reporting requirement. poor were at staggering proportions. fairness. adopt resolutions and recommenda- “This way we can take stock of what This editorial reached and said ‘if you “You have been so far out ahead of tions that can change the future,” he we’ve done. If we are required to are a true professional, this editorial the rest of the nation when it comes to said. report what we’ve done, we’ll do a bet- will mean something to you.’ And pro bono,” Rulli told the Board. “You “This report is about fairness,” Rulli ter job,” he said, adding that Florida that’s why we’re here. We’re all profes- created and nurtured organizations said. “It’s a call to action. We can be and Maryland already have such sionals. We have a special obligation,” that have made an enormous differ- engineers and architects and build requirements in place. Rulli said. ence in this community. There is no something. We hope that this report Rulli also said the report calls for “There is a great tradition behind bar association in the nation that has will lay the foundation for what we CLE linkage to pro bono work. “This is the giving of this gift,” Rulli read from [such] a track record of creation, of can build over the next decade.”
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Judicare Gets New Home, New Nam e
by Karen C. Buck who provided free services to clients, but were paid small fees for their ser- As the Senior Citizen Judicare vices by the Judicare agency. The term The need for our services continues to grow as our population ages and Project approaches its 25th anniversary Judicare has been unclear and some- of protecting the legal rights of older times confusing to clients, funders, vol- the legal problems of elders become more complex and diverse. Most Philadelphians, we are excited to unteers and colleagues who do not Philadelphians are surprised to learn that we have the largest population announce a renaissance of our organi- understand that we are a legal services zation. Judicare will have a new name, provider and often think we are a of senior citizens among the country’s 20 largest metropolitan areas, new offices, a new name for our Web Judaic organization. We’ve had many and one of the poorest. site and exciting new opportunities callers ask to speak to Judi, request beginning this month. roof repairs or even seek a podiatrist. Judicare is an independent non- Our new name conveys our purpose, profit agency that provides legal ser- our client base and our services clearly as we spread our wings to expand our be able to provide. We are also seeking vices and community education to and effectively. services and potential to serve the donations of services for printing and more than 9,000 older Philadelphians Having launched many new pro- thousands of elders who need our help mailing. If you have any of these items in need each year. The need for our grams and services to try to meet the each year. Judicare’s staff of 12 attor- available and would like to donate services continues to grow as our pop- growing needs of older Philadelphians, neys, legal assistants and support staff them to Judicare, kindly contact any of ulation ages and the legal problems of we have outgrown the office space that now share 1,800 square feet of space in the people listed here (all donations elders become more complex and the Philadelphia Bar Association has the Bar’s offices. Our new offices will are fully tax-deductible): Wendy diverse. Most Philadelphians are sur- generously provided us since our be approximately 4,850 square feet, Bookler, chair of the Relocation prised to learn that we have the largest inception. We are tremendously grate- providing more privacy and profes- Committee, (215) 569-5679; Shari population of senior citizens among ful to the Bar, its staff and its sional space for our clients, staff, law Odenheimer, Board chair, (610) 941- the country’s 20 largest metropolitan Chancellors for all of their support. In students and attorney volunteers. It 2355; or Joseph Silverstein, Board areas, and one of the poorest. Nearly 1 particular we thank Ken Shear, the also gives us room to expand our pro- Secretary, (215) 567-7615. in 4 of our elders lives at or near the Association’s executive director, who grams and services and opportunities We welcome all members of the poverty level. Most are women. was instrumental in Judicare’s found- to serve the increasing number of legal community to visit us in our new Beginning this month, Judicare will ing and development. We look forward elders who seek our help in these diffi- home. As always, we are also in need be known as the SeniorLAW Center. to continuing a strong relationship cult times. of volunteers to help us provide free As Judicare now has a full legal staff with the Association, its leadership and Judicare greatly appreciates dona- legal assistance to the thousands of and a wonderful pro bono panel of its members, many of whom are our tions, both financial and in-kind, to seniors who face poverty, violence and volunteers, we are no longer a volunteers and essential to our success. help us with this great transition. We exploitation in our midst. Also visit our “Judicare model” of legal services. The This month, we are moving to are seeking donations of office furni- new Web site at term “Judicare” is actually a generic larger quarters in the Land Title ture, copy, fax, and postage machines, www.seniorlawcenter.org. term for a legal services delivery model Building, 100 S. Broad St., on the 18th and will gladly consider other necessi- using local neighborhood practitioners floor. This is an historic moment for us ties local firms and corporations may Karen C. Buck is executive director of the SeniorLAW C e n t .e r
Judge Sylvester Honored by Justinians
Family Court Administrative Judge Esther R. Sylvester (second from left) is joined by Justinian Society Chancellor Alexander B. Giacobetti, Justinian V i c e Chancellor Denise C. Gentile and Carl S. Primavera, Immediate-Past Chancellor of the Philadelphia Bar Association. Judge Sylvester received The Justinian S o c i e t y ’ s Hon. Lisa Aversa Richette Outstanding Woman in the Law Award at a luncheon at the Union League on June 12.
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Criminal Justice Section Weightier Caseloads Examined at Meeting
by Jeff Lyons nesses in certain types of felony cases, civil to our criminal division will not Department, since the city owns the and police officers in certain multi-offi- diminish the excellent productivity of Criminal Justice Center building. Increased caseloads, civility between cer cases, to forego their appearance at our civil courts. Judge Fitzgerald also discussed the attorneys and technology were the the preliminary hearing by utilizing “No matter how intense our crimi- onslaught of cases facing the adult main topics of discussion when other means to introduce their testi- nal caseload becomes, our judges will probation department. He said the Administrative Judge James J. monial evidence. The 3,000 new felony continue, through innovative and flexi- department is supervising almost Fitzgerald III and Supervising Judge D. cases are over and above the total ble case management systems and dili- 60,000 cases involving more than Webster Keogh met with members of 16,515 new felony cases received in gence, to view each defendant brought 51,700 individual offenders. the Criminal Justice Section on May 28. 2001. “This projected 19,500 new cases before the bench as an individual; see “In 2002, there will be approximate- Judge Fitzgerald, who took over as received figure is a whopping 18 per- and hear the voices of victims and ly 35,000 new cases to supervise. Since administrative judge this year, said the cent increase above last year’s figure,” their families, as well as other witness- the recent reorganization of the office, Criminal Trial Division is of great con- he said. es; consider properly admitted evi- our general or field services probation cern to him because of an enormous In order to accommodate some of dence; and adjudicate cases in accor- officer’s average caseload has been increase in caseloads occurring as a these new cases, Judge Fitzgerald said dance with the laws of the Common- reduced to 150 to 160 cases. This case- result of increased arrests and new evi- the court has opened one new court- wealth in the best interests of justice,” load ensures officer availability to indi- dentiary practices recently implement- room with two additional courtrooms he said. vidual probationers in order to maxi- ed at the Municipal Court Preliminary to follow by July 1, bringing the total Judge Keogh spoke candidly on mize the department’s goal of address- Hearing stage. to 42. civility. ing recidivism,” Judge Fitzgerald said. “Since 1967, when I joined the “One is a private counsel list room, “There were times,” Judge Keogh With regard to prison overcrowding, District Attorney’s Office, and for the which began on May 6, and the other recalled, “when trying cases wasn’t Judge Fitzgerald said the court is next 12 years, first as a trial attorney two, at this point, will be private coun- bloodlust. There was a time when it “amenable” to a suggestion by the and later as leader of three Divisions sel major criminal defender trial was sincere advocacy,” he said. He also mayor’s staff to gradually expand the under District Attorneys Arlen Specter, rooms, primarily because the urged attorneys to do more to make house arrest electronic monitoring Emmett Fitzpatrick and Ed Rendell, I Association’s request for additional the practice of law more civil. program. There are currently 750 indi- can say that the problem of an ever- funding to staff these rooms has not Both judges agreed that the pres- viduals supervised by the program. increasing number of criminal cases yet been approved by the city,” he said. ence of wireless telephones in the “In fact, a few weeks ago we sub- remains the same and we are still seek- In order to judicially staff these courtroom lessens the dignity of the mitted a proposal to the city to ing the perfect solution,” he said. courtrooms, a “net” of two civil judges proceedings, although attorneys in increase the number of electronic Judge Fitzgerald said relaxation of and one newly appointed judge, when attendance said they have become a monitors by another 250 units. As of the hearsay rule will likely result in an confirmed by the Pennsylvania Senate, helpful business tool. today, the city has not responded. Still, increase of at least 3,000 new felony will handle these courtrooms. Our Judge Keogh said the final decision the problem of prison overcrowding criminal cases held for trial in 2002. supervising judges are confident that about bringing wireless phones into cannot find its total solution through The rules allows victims and some wit- the reassignment of two judges from the building was up to the Sheriff’s electronic house arrest,” he said.
ONLINE SERVICES oriented standing Committees of the Association. continued from page 3 Workers’ Comp Spring Party Each digest will contain a link In addition to the new online pay- allowing the recipient the option of ment services, the Association has purchasing a full-text copy of that unveiled a free Online Opinion Alert opinion from ALM’s Pennsylvania service for its Section list serve mem- Instant Case Service (PICS). bers. If you would like to receive the free In cooperation with American Online Opinion Alerts for your Section, Lawyer Media (ALM), publisher of The and are not already a member of your Legal Intelligencer, periodic Online Section’s list serve, visit the Associa- Opinion Alerts will be posted to the tion’s home page at www.philadelphi- Section list serves. Each Online abar.org and click on “List Serves” to Opinion Alert contains one or more sign up. Any dues-paid Section mem- case digests — prepared by ALM’s attor- ber can join their Section’s list serve ney-digest editor — of newly issued free of charge. List serves for the Public opinions related to your Section’s area Interest Section and Young Lawyers of practice from local, state and federal Division are open to all Bar members. courts in the region. Members with questions about the Online Opinion Alerts will also be Online Opinion Alerts can contact posted periodically to the Association’s Mark A. Tarasiewicz, director of publi- new Litigation Group e-mail list, com- cations and new media, at 215-238- prised of the members of 15 litigation- 6346, or [email protected].
Join VIP for a Night of Music on Oct. 18
Philadelphia Volunteers for the Indigent Program presents best-selling author James McBride (The Color of Waterand Miracle at Saint Anna) and his band for an evening of music and insights on Friday, Oct. 18 at the University of the Arts on South Broad Street. Workers’ Compensation Judge Donald H. Poorman presents the Section’s Stander Philadelphia VIP promotes legal access to the justice system by providing Award to Shaun C. Gooden of Villanova University Law School during the Section’ s free volunteer legal professionals for people living on the margins. For more annual Spring Party held June 4 at the Manayunk Brewing Co. Bar & Restaurant. information, contact VIP at (215) 523-9550.
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Liebhaber Returns to Philly VIP Staff
Sharon Liebhaber, director of public service careers and pro bono programs at Villanova University Law School, has returned to the Philadelphia Volunteers for the Indigent Program (VIP) as the Managing Attorney as of June 24. Liebhaber was VIP’s managing attorney from 1994 to 2000. While at VIP, she assisted in the creation of Lawyering Together, a program in which Villanova Law School alumni are matched with law stu- dents who represented indigent clients referred from several Philadelphia pro bono organiza- tions, including VIP. At Villanova, in addition to VIP Holds Annual working on Lawyering Together, Liebhaber was involved in identi- Summer Associates Day fying or developing other pro bono projects for law school students, Philadelphia Common Pleas Court Judge Anne E. Lazarus (top photo, second from faculty, staff and alumni. She also right) talks with summer associates during a lunch break at Philadelphia VIP’s provided career counseling to stu- annual Summer Associates Day at the PBI-PBEC Education Center on June 10. dents and alumni considering pub- U.S. Court of Appeals Chief Judge Edward R. Becker (right) addresses summer lic interest or public service careers. associates on the benefits of pro bono. Summer associates also heard a panel dis - A graduate of Cornell University cussion on re p resenting low-income clients and maneuvering through the and Boston College Law School, Philadelphia judicial system. There were also training seminars on custody, name Liebhaber has a long career as a change, estate planning, tangled title and probate. More than a dozen judges public interest lawyer, having attended the lunch to meet with summer associates and answer questions about worked as a legal services lawyer in life and the law in Philadelphia. The program was sponsored by The Lawyers Club New Hampshire, Michigan and of Philadelphia. New Jersey and as the director of the family law clinic at Syracuse University Law School. Help Abounds for Lawyers Who Take VIP Cases
by Bruce H. Bikin there is a catch. (Isn’t there always?) To “sells” it to the second cousin for cash paralegals and law students available get the credits you need to handle one without ever signing a deed. Subseq- to help do some of the grunt work. I am a litigator. I could be any spe- simple VIP case in the practice area of uently, everybody else dies and the This includes things like legal research, cialty (except perhaps a general practi- the seminar and you can book those property is abandoned until the sec- document review and translation into tioner, and then my point would be CLE hours, possibly saving hundreds of ond cousin wants to clear the title so English of the client’s communications. pointless). As a volunteer I feel out of personal or firm dollars in maintaining he can sell the property to a third (Many VIP clients speak only Spanish my depth in another practice area. I your professional license in good party. However, there is a water/sewer and other languages. Translators are just volunteered to handle a real estate standing. lien that has been unpaid for several available upon request, with some closing for Philadelphia Volunteers for In the real world of VIP, having a years in the name of a third party who notice.) the Indigent Program. (VIP lawyers client who needs a lawyer for a real has been living in the house and a tax Finally, VIP has the support of a handle feeless cases for indigent people estate closing is almost as rare as hav- lien of unknown dimensions.) VIP even number of judges and administrative who need lawyers.) ing a client actually pay you for your has a course called “Tangled Title” for agency heads. These judges and agency Yikes! (Not an uncommon reaction work. (And VIP clients don’t EVER pay those situations (see above example) heads have agreed to assist the VIP to working outside of one’s normal you for your work. They can’t afford a that you thought only came up in law lawyers through their own particular practice milieu.) Fortunately, there are a lawyer. That is why you are a volun- school. mazes via law clerks and others who whole host of services, resources and teer.) Fortunately, the folks who run Next, after you have at least a vague work in those departments. (It should mentors that can be called upon to aid VIP didn’t just fall off a turnip truck. notion of what you need to be doing be pointed out that you need to know lawyers who feel out of their depth They know that VIP clients don’t hire to help the client with the real estate the secret password to get this assis- when they are out of their practice lawyers to help them avoid problems. closing, there is a plethora of folks tance. Only VIP lawyers, representing area. They know VIP clients don’t even hire ready, willing and able to help you VIP clients, are given this secret pass- First, there is a wonderful collection lawyers to help them get out of prob- move forward. Mentors and experi- word. It changes weekly.) As that of substantive law training manuals in lems they have gotten themselves into. enced co-counsel can be found to famous South Philly singer (whose the VIP library that can be accessed to They know VIP clients look for lawyers assist the novice in preparing for, and name I can never remember and who get the novice up to speed on the criti- to help get them out of problems their wending his way through, the maze of probably isn’t from South Philly any- cal issues. Just identifying the critical ancestors have gotten them into. procedural requirements necessary to, way) used to sing, “You’ll Never Walk issues is sometimes the hardest part of (For example, a great uncle dies for example, untangle a real estate title. Alone” when you take on a VIP case. taking a case outside your practice intestate with four surviving children (Sometimes they will even tell you area. VIP also offers professional semi- and a spouse. The spouse runs off with what room number in City Hall you another man and the youngest child is need to visit to file your documents.) Bruce H. Bikin, a partner at Montgomery, McCrack e n , nars that reward the attendees with Walker & Rhoads LLP, is editor-in-chief of the actual CLE credits for free. However, the only one living in the house and Also, VIP has a full complement of Philadelphia Bar Reporter.
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Professional Responsibility CWEP Honorsa T l l e y Committee Discussion Explores Civility
by Gabriel DeVitto
How much civility is there really between lawyers, and is this concept consistent with zealous advocacy? With this question as the backdrop, more than 50 lawyers turned out to hear a panel discussion at the June 12 meeting of the Professional Responsibility Committee. Panelists included U.S. District Court Judge Bruce W. Kauffman and litigators Daniel-Paul Alva, Mark Mendel, and Samuel Stretton. The preamble to the Philadelphia Bar Association’s Principles of Professionalism opens with the thought that “the quality of the legal profession and the adminis- tration of justice will be enhanced if the lawyers and judges treat each other, clients and other participants in the Chancellor-Elect Audrey C. Talley (right) meets with Community Women’ s Education Project Executive Director Cynthia Ferguson (left) legal system with courtesy, respect and and Elayne Howard at CWEP’s 25th anniversary gala on June 13 at the Moore College of Art & Design. Talley, a CWEP alumna, was civility.” honored for her achievements through education at the program. Judge Kauffman claimed that lawyers who disagree must do so with civility. As officers of the court, lawyers Solo and Small Firm Management Committee have a duty to behave accordingly. Lawyers should not merely be mouth- pieces for their clients, but profession- Tec hnology Expert Dispenses Adv i c e als. He said it is unfair for lawyers to take advantage of an obvious mistake by Jeff Lyons But with Windows XP operating drive and a dial-up account for of opposing counsel; zealous advocacy, software, Microsoft “finally got it right. Internet access. Goldner said software he claims, does not require lawyers to Stapler? Check. Post-It Notes? Check. I’ve actually gone through a whole titles including Windows XP Home treat each other as enemies. He used Paper clips? Check. 1.6 gigahertz week without crashing or restarting (your computer’s operating system), the example of a lawyer receiving a Pentium with 512 megabytes of RAM when using Windows XP,” Goldner Corel Office 2002 (a suite of productivi- confidential file from the opposing side, and a 40-gigabyte hard drive with CD- said. There are several variations of ty software including word processing) and suggested that returning such a file RW and a Travan backup? Huh? Windows operating software, but and Time Matters (a billing program) is the right thing to do provided you Law office needs have changed over according to Goldner, XP is the best. He are also smart buys. For this computer are not giving up the zealous represen- the years. Technology expert Harold M. also offered some advice. “Don’t touch system, Goldner says you can expect to tation of a client. Judge Kauffman Goldner offered suggestions to mem- Windows ME. It’s a nightmare to use,” pay about $3,000. closed with the thought that civility bers of the Solo and Small Firm Com- he said. Goldner stressed the importance of reflects well on our profession and pro- mittee for minimum technology req- He said three years is a good lifes- backing up all files on a regular basis. motes justice. uirements at the committee’s June 11 pan for a computer. “If you get that “The one file you need for court the Mendel cautioned that when the meeting. much time out of it, it’s done its job.” next morning is always the one you interaction between lawyers becomes Computer buyers have several So what does a sole practitioner just deleted. Back up every day. The too civilized, the law ceases to become options when it comes to purchasing a need to operate in today’s age of tech- one day you don’t is the day you’ll a competitive profession. Despite rec- new system. They can opt for a nology? Goldner suggests at the mini- need it,” he said. ognizing the importance of competi- Windows-based system, Macintosh, mum, you should buy a Windows Goldner also recommended having tiveness to zealous advocacy, Mendel Linux or Unix. Windows is the most machine with a processor of 1.6 Ghz or a presence on the Internet, even if it’s agreed that the application for a cause prevalent operating system but faster with 512 megabytes of RAM and just a Web page with your photo and should be fair and reasonable. A lawyer Goldner said if he had to do it all over a 40-gigabyte hard drive. He also rec- qualifications. He said Internet hosting can be a rigorous advocate, but cannot again, he would go with a Macintosh. ommends an ethernet connection so costs about $30 a month. There are also cheat or lie, for this demeans the sys- The Macintosh is known for its ease of you can connect your machine with a number of software programs to help tem. Mendel referred to lawyer-bashing use, while Windows machines often your secretary’s computer, a Travan design pages. as regretful and believes that despite crash. “Having a PC is a lot like having data backup system, a 56k fax-modem, And when it comes to putting your the many problems facing the law right a car that will spontaneously drive off a 17-inch monitor and a multifunction new computer package together, don’t now, lawyers do God’s work in that the road and crash into a tree,” Goldner laser printer/scanner/copier. Other do it yourself, Goldner said. “Pay a pro- they take care of victims, keep corpora- told committee members. adds-ons include a CD-ROM/CD-RW fessional to do it,” he said. continued on page 19
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Carroll Accepts Honors for Club Inductees
by Jeff Lyons
John Rogers Carroll, in accepting the congratulations of the Association for Year Club members of the 50-, 60-, 65-, and 70- Year Clubs, wondered about what there Honorees is to celebrate about old age. “I gather that there is a consensus 50 Years: Robert L. Bast, here at this Bar that it is something to Milton Becket, Harold Berger, be recognized,” he told the crowd at Sidney H. Black, Herbert the Quarterly Meeting and Luncheon Braker, Christopher Branda, on June 18. “But I wonder if it’s the Burton Caine, Walter D. arthritis, the osteoporosis, memory Campbell, John Rogers Carroll, lapses or the joys of estate planning David Cohen, William J. Daniel, when you are the estate,” he said. Victor L. Drexel, Edward C. In introducing Carroll, Chancellor German, Joseph K. Gordon, Allan H. Gordon said “just as precedent Judge Clifford Scott Green, counts for something in the law, so Mervin J. Hartman, George J. does longevity count for a great deal in Hauptfuhrer, Milton P. King, the legal community. We know these Seymour Kivitz, William R. men and women as valued mentors, Klaus, Arthur R. Littleton, friends and partners.” Edward J. Marcantonio, James Old age, Carroll said, is “something C. McConnon, Judge Thomas J. we have to tolerate rather than cele- McCormack, Max Meshon, brate. In this 200th anniversary of this Peter Platten, Walter W. Rabin, wonderful, proud Association, we need John S. Renninger, Judge Paul to celebrate the ideals that are the core Ribner, Vincent J. Salandria, of the Association. When we graduated John Rogers Car roll likened today’s heightended fears of ter rorism to the McCarthy Era of the Judge Norma L. Shapiro, Jules from law school, we didn’t graduate 1950s. Carroll spoke on behalf of the 2002 Year-Club inductees. Silk, Arthur Silverman, Robert into an era of peace and love and joy. M. Smith, Franklin H. Spitzer, We graduated into the early Cold War, Walter I. Summerfield Jr., which got to be known as the Kenneth Syken and Alfred D. McCarthy Era. It was not fun for any- Whitman. body.” 60 Years: Herbert Brener, After returning from active duty in Nathaniel Budin, Pershing N. the Air Force in 1953, Carroll said local Calabro, Marvin Comisky, John leaders of the Communist Party of the M. Holton Jr., Judge Edward B. United States had just been indicted. Rosenberg, Leonard Sarner, “There was a very serious question Albert W. Schiffrin, I. Sidney around Philadelphia about who, if any- Sherwin and Judge Alfred L. one, would represent them.” In Taxis. Pittsburgh, where a similar indictment 65 Years: Myer B. Barr, had been filed, the case was delayed for Gabriel Berk, John Bishop, more than a year because the defen- Medford J. Brown, Earl L. dants could not find counsel, he said. Cahan, Hyman Maron, Alex Carroll said things were different in Satinsky and Murray H. Philadelphia. “The leaders of the Shusterman. Philadelphia Bar thought that this 70 years: Lena O. should be a different kind of experi- U.S. District Court Senior Judge Clifford Scott Green and his wife, Carole, listen to Dennis W . Ginsburg. ence, this being the home of Andrew Archer’s keynote address. Judge Green was admitted to the 50-Year Club. Hamilton.” He said the leaders of the Bar at that time, men like C. Brewster Rhoads, Bernard G. Segal and his own employ- er, Thomas D. McBride, decided the Philadelphia Bar would step up to the plate and see to it that these people were “properly, competently and courageously represented.” Carroll said the largest firms in this city provided free, seasoned competent lawyers to represent the accused. “The atmosphere around was so bad that Judge Gainey insisted over our objec- tions on appointing all of the younger lawyers so at least they would have the protection of a court appointment. And all but McBride were appointed.” Carroll said his own mother object- ed to him representing these clients. continued on page 22 Earl L. Cahan and Frances Kramer. Cahan joined the 65-Year Club. Leonard Sarner (60-Year Club) with children Felicia and Joshua.
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ARCHER continued from page 1
for the legal rights of citizens, but for the Constitution, the judicial system and the rule of law. He illustrated soci- ety’s commitment and respect for the rule of law by referencing the contro- versy over the 2000 presidential elec- tion, which was ultimately decided by the U.S. Supreme Court. The point, Archer said, is that whether or not you agreed with the Supreme Court’s deci- sion, the rule of law was respected. “No tanks roamed the streets. No civil war resulted. We all respected the rule of law,” he said. Despite society’s profound respect for rule of law, Archer spoke of bias in the American justice system against people of color. He discussed the results of separate studies conducted in 1999 by the American Bar Association and the National Center on State Courts to determine how people feel about the U.S. justice system. The stud- ies found that nearly half of those sur- veyed believed that the courts do not treat all ethnic and racial groups the same and many do not believe that our system provides equal justice for racial minorities. Nearly half of those Chancellor Allan H. Gordon meets with Higginbotham lecturer Dennis W. Archer (right) and Chancellor-Elect Audrey C. Talley before the June surveyed also said that blacks and 18 Quarterly Meeting and Luncheon. Hispanics are treated worse than whites in the justice system. It was and social scientists were talking about these two studies that U.S. Supreme the browning of America, corporations Court Justice Sandra Day O’Connor understood that their consumer base cited when she called for concrete was going to be people of color. It is action to erase racial bias. only natural that major corporations Archer discussed another survey throughout the United States are now conducted by the American Bar Journal demanding diverse representation and the National Bar Association that from the law firms that represent them, asked lawyers if they saw bias in the Archer said. American justice system. The results Archer cited the 2000 Census, which showed that lawyers do witness evi- confirmed that there are more than dence of racial and ethnic bias in the one million lawyers in the United system. Archer suggested that “if peo- States. “Lawyers of color are only 8 per- ple believe the justice system is tainted cent of the profession, just under 14 with bias, how long can they expect percent of recent graduates and not the court to remedy bias elsewhere in quite 4 percent of the partners in the our society? As lawyers we are unique- nation’s major firms.” In considering ly positioned to ensure fair administra- the total percentage of people of color, tion of justice in this country, and to Archer concluded that lawyers of color work to better that system whenever are “woefully underrepresented in the possible. It is a challenge that we take profession. Our profession has not very seriously.” been a leader in celebrating diversity Archer encouraged members of the and we have failed to promote diversi- legal profession to “embrace diversity ty throughout our profession.” within our own ranks” and become as In response to this concern, Archer “diverse as America.” By way of exam- pointed to a $1.3 million American Bar ple, he spoke of the efforts corporate Association scholarship fund for law America has made to “embrace diversi- students of color. The two-year-old Gordon presents Archer with a crystal replica of the Philadelphia skyline to commemorate ty.” Specifically, corporate America has scholarship fund was initiated and his visit to the city. developed vendor affirmative action supported by contributions from ABA programs and has changed the content members and law firms. The ABA districts (and) when minority partners and equal access for people of color, of its advertising. Archer explained recently awarded 20 scholarships of are no longer a rarity, then we will and for all people, reminds us of why that the trend toward embracing diver- $5,000 each to deserving law students know that diversity has taken hold col- we decided to go to law school. “We sity in corporate America is prompted of color. lectively in the culture of our profes- are ministers of justice,” he said “We by the “browning of America.” That is, On the issue of increasing diversity sion.” are to uphold and respect the rule of the theory proposed by demographers in the workplace, Archer encouraged So, why did we decide to go to law law.” and social scientists that by the year members of the legal profession to lead school, study for and pass the bar 2056 people of color will comprise the and not follow. “When the corridors of exam to practice law? Archer pointed Nina Wri g h t -adilla, P a co-founder of Wrighta d& i l lP a , is a trial lawyer focusing on personal injury and medical majority of the population. Archer our leading law firms begin to look out that Judge Higginbotham, a vision- malpractice. She is a member of the Editorial Board of expressed that when demographers like the streets of our cities’ business ary and activist for equal opportunity the Philadelphia Bar Reporter.
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Philadelphia Bar Foundation Golf Classic Golfers Brave Heat for Charity Even t Nearly 150 golfers braved blazing temperatures to compete in the Philadelphia Bar Foundation’s 14th Annual Golf Classic, held June 24 at Saucon Valley Country Club in Bethlehem, Pa. Participants included Judge James T. Giles, Chief Judge of the U.S. District Court for the Eastern District of Pennsylvania, Pennsylvania Supreme Court Justices Ronald D. Castille and Russell M. Nigro, Pennsylvania Bar Association President Timothy J. Carson, former Bar Association Chancellors Mark A. Aronchick and Abraham C. Reich, and many other leaders from the business and legal communities. The event was held on both the Old and Grace courses at Saucon Valley, which hosted the 2000 Senior U.S. Open. The foursome of (from left) Brian Aronchick, Pennsylvania Supreme Court Justice Russell The event, which is an important M. Nigro, former Chancellor Mark A. Aronchick and Craig Aronchick won the LexisNexis source of revenue for the Cup for having the lowest net team score. Foundation’s annual grants program, was planned by a committee headed by co-chairs Mayer Horwitz of Dashevsky, Horwitz, DiSandro, Kuhn, Dempsey & Novello, PC and Rod E. Wittenberg of LexisNexis. Committee members included Nadem A. Bezar of Kolsby, Gordon, Robin, Shore & Bezar; Scott F. Cooper of Blank Rome Comisky & McCauley LLP; Carl B. Everett of Saul Ewing LLP; Eric Glockner of Pitney Bowes; Thomas G. Kessler of Morgan, Lewis & Bockius LLP; Douglas W. Kreitzberg of USI Colburn Insurance Service; Frank E. Scullin of The Scullin Group, Inc.; and Mitchell J. Shore of Kolsby, Gordon, Robin, Shore & Bezar. The awards, which are listed below, included the Colburn Cup, Philadelphia Bar Foundation President Gerald A. McHugh Jr. meets with sponsors Rod Scott Cooper practices his swing before the June 24 which is presented to the teams on Wittenberg (center) of LexisNexis and Eric Glockner (right) of Pitney Bowes before the Philadelphia Bar Foundation Golf Classic at Saucon each course with the lowest net tournament. scores. The LexisNexis Cup was pre- Valley Country Club in Bethlehem. sented to the teams on each course with the lowest gross score. The Kursh Cup is presented annually to the indi- vidual with the lowest gross score. Tournament Sponsors included the Center for Forensic Economic Studies, Comcast Cable Communications, Republic First Bank, Rittenhouse Trust Company, Nihill & Riedley, P.C., S.O.M.A., Inc. and Sunoco, Inc. Tournament Contributors included Center City Engraving, Ernst & Young LLP, Kaplan, Leaman and Wolfe, Registered Professional Court Reporters, Lexus Champions for Charity, Liberty Document Services, The Scullin Group, Inc., and Wilkie Lexus. The tournament was also spon- sored by the following organizations, Bob Glaves (above, from left) and Amy Masters of the Chicago Bar Foundation who generously provide ongoing and Robert W. Meek pose on the 18th green during their round. Pennsylvania support for the Foundation’s activi- Supreme Court Justice Ronald D. Castille (seated at right) accepts a raffle prize continued on page 22 from Bar Foundation Golf Committee member Mayer Horwitz.
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Public Interest Lawy ers Des e r v e More Credit
by Gerald A. McHugh Jr.
The legal press routinely celebrates B A R F O U N D A T I O N Foundation Thanks Bevilacqua the accomplishments of members of the bar, whether it is a noteworthy ver- dict, a lecture given, or professional honor bestowed. We are also quick to celebrate those members of the bar who perform volunteer service for the cause of equal justice. What we as a profession fail to rec- ognize, and appropriately honor, is the daily work of lawyers who have dedi- cated themselves to legal services and public interest practice. It is important work for less than the salary of an to remember what distinguishes those experienced legal secretary. Young who volunteer from those on the front lawyers working in legal services bear lines. The analogy I have most often the same crushing debt as any other used is that the private bar is merely graduate, but with a fraction of the the stage crew. We provide the means income to offset it, and moonlighting to build the set and put on the play, in non-legal jobs is not unheard of but the contribution of even the most just to make ends meet. dedicated volunteer in private practice This same story of sacrifice is played pales in comparison to the contribu- out across the city and commonwealth, tion made by public interest lawyers where equally important work is being every day. done. If you came to know the work of Nothing approaches the level of the Pennsylvania Health Law Project, sacrifice and commitment of these you would learn that its attorneys lawyers. If you were to walk through drafted the Children’s Health Insurance the halls of Community Legal Services, Program of Pennsylvania (CHIP), which you would find yourself surrounded by provided the means to give health care graduates of the leading law schools in to hundreds of thousands of low- the United States: Harvard, Yale, Penn, income children. If you studied the Stanford and Columbia, among others. history of the Juvenile Law Center, you You would be among lawyers who would learn that it established the Philadelphia Bar Foundation President Gerald A. McHugh Jr. (right) presents Bar have won precedent-setting cases in right of every abused and neglected Foundation Immediate-Past President Gabriel L.I. Bevilacqua with a sterling silver the U.S. Supreme Court, defining the child to have counsel when their future bowl commemorating Bevilacqua’s distinguished service and exemplary leadership. legal rights of millions of Americans. is being decided. If you researched The bowl features the following inscription: “For distinguished service in the best tra - You would be among lawyers who are Friends of Farmworkers, you would dition of Philadelphia lawyers.” routinely asked to help shape public learn that through its efforts, an his- policy on many of the most important toric contract was reached between the issues facing our society. Yet, in one of migrant workers and one of the largest and others too numerous to mention, and honor these lawyers, who repre- the great ironies of our culture, these mushroom producers in the United all for compensation that is modest at sent the best of our profession. Your extraordinarily skilled and valuable States. These examples of brilliant best by professional standards. support of the Bar Foundation is a tan- public servants are among the least advocates protecting the rights of the Viewed from this perspective, what gible expression of the value you place well compensated. A first-year associ- poor can be cited throughout the pub- we in the private bar are asked to do is on their work. ate at a large firm earns more than the lic interest community, with PILCOP, nominal: invest a small fraction of our the Support Center for Child time, and donate a small fraction of Gerald A. McHugh Jr., a partner at Litvin, Blumberg, most senior attorney at Community Matusow & Young, is president of the Philadelphia Bar Legal Services, and many of its lawyers Advocates, the Disabilities Law Project our resources. We should remember Fo u n d a t i o n .
Looking for a special way to remember someone?
Births • Deaths • Marriages • Anniversaries • Making Partner • Passing the Bar
Through the Special Way to Remember program, you can honor a colleague or loved one with a contribution to the Philadelphia Bar Foundation. Since 1964 the Bar Foundation has distributed millions of dollars in attorney gifts and other funds to public interest groups that provide counsel and assistance to the poor, disabled, elderly and children in our community. Your gift will help serve the needs of Philadelphians who have nowhere else to turn for legal services. If you would like to make a gift to the Foundation as a meaningful expression of respect, please call (215) 238-6334.
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Join Colleagues for YLD Golf Outing July 22
The Young Lawyers Division and and have fun. There will be opportuni- A one-hour golf clinic with a Cricket USI Colburn Insurance Service will ties for networking and prizes. It’s the Club professional will be held from 4 hold their annual golf outing on whole package. It’s also a great way to to 5 p.m. for those who are new golfers Monday, July 22 at the Philadelphia get a Monday off in July,” he said or who can’t fit the tournament into Cricket Club’s Flourtown Course. The LexisNexis Cup will be present- their schedules. Instruction will be The tournament is open to all ed to the foursome with the lowest geared toward the beginning and Philadelphia young lawyers, friends score. There are also prizes for the intermediate golfer. and paralegals. Proceeds from sponsor- longest drive and closest to the pin, as The cost is $200 per person for the ship of the tournament will benefit the well as raffle tickets for prizes including golf tournament, which includes greens Philadelphia Bar Foundation, the chari- meals at area restaurants and tickets to fees, cart, all meal functions and prizes. table arm of the Philadelphia Bar sporting events. Caddies are available for $40 per bag, Association. Last year’s tournament The tournament begins at 1 p.m. but there are a limited number of cad- raised about $30,000, according to with a shotgun start. Registration dies available. The golf clinic is $60 per Tobias Millrood, chair of this year’s golf begins at 11:30 a.m., when a barbecue person, which includes the clinic and outing. Millrood expects about 100 lunch will be served and the driving evening event. Registration is on a Thomas G. Kessler, last year’s YLD Golf golfers participate. range will be opened. The event con- first-come, first-served basis. For more Outing chair, works on his putting stroke at “It’s not your average golf tourna- cludes with a buffet and awards cere- information, contact Stephanie the 2001 event. ment where you just show up and play mony at the club. Krzywanski at (215) 238-6360. Clearing the Air About Today’s Young Lawyers by Marla A. Joseph Generation X,” Tulgan wrote. side of the story” - the economic pres- While many more senior lawyers sures of competition and running a As chair of the Young Lawyers had the security of making partner if successful law firm and the need for Division I have had the opportunity to they committed to and performed well commitment from young lawyers in rub elbows with many powerful attor- YLD UPDAT E at one law firm early in their career, whom law firms have invested signifi- neys in Philadelphia, many of whom, Generation Xers have witnessed, and in cant resources. We are interested in quite frankly, would not have taken some cases experienced firsthand, gathering the most diverse panel for my calls when I first began practicing mergers, dissolution and downsizing of this forum, and I welcome any e-mails law. Now that I have the opportunity law firms. The typical lawyer of my from those interested in taking part in to meet with these leaders in a more generation does not know whether his this compelling issue. In an era of con- informal setting, I have discovered that or her job will be there tomorrow and, stant change, I hope that this forum there is a glaring misperception about if that job is still there, whether his or and the resulting environment will the typical young lawyer practicing in her department will be moved to a allow Philadelphia to lay claim to the Philadelphia. Many more-seasoned new office building under a new law title of the most sensitive to the bal- lawyers believe that today’s young firm’s letterhead with a different per- ance of work and life. lawyer sailed through a much easier son signing his or her paycheck. Therefore, while young attorneys Marla A. Joseph, chair of the Young Lawyers Division, is law school curriculum, had multiple concerned about whether their present managing attorney in the Workers’ Compensa t i o n job offers upon graduation and com- employment is consistent with their are certainly interested in making a department at Sacks, Weston, Smolinsky & Albert. Her e- mail address is mjoseph@sa ck s l a w. n e t . manded a six-figure salary in his or personal and professional goals.” decent salary, this is not the primary her first year of practice, despite mini- The Philadelphia Bar Association’s motivator. NALP’s recent survey of mal knowledge of the law. It is also 2000 Bar Survey suggests the “graying 5,500 lawyers from the classes of 1991 perceived that in exchange for this of the profession,” as the average years to 1998 revealed that law firms are obscene salary the prototypical young of experience of a Philadelphia lawyer more likely to retain their attorneys if lawyer has little loyalty to his or her increased from 12.1 years in 1990 to their law firms offer challenges, respective law firm, and intends to 15.4 years in 2000. Moreover, according rewards, positive relationships, feed- abandon that firm once the final loan to the data on nearly 5,500 lawyers back, opportunities and leadership list•serve \noun\ payment is made or as soon as a better compiled by the National Association roles. Similarly, Tulgan’s most extensive An automatic elec- opportunity presents itself. The reality of Law Placement (NALP) in its study, qualitative study of Generation Xers tronic mailing is much more complex. “Beyond the Bidding Wars,” by the end established that managers who list, allowing In fact, only a small percentage of of the third year of employment, embrace a culture that cultivates the users to partici- young lawyers will ever command a today’s rate of associate attrition is individual and supports self-building pate in discus- six-figure salary in their early years of recorded at 38.3 percent. So what can are most likely to retain quality young si o n s . practice. To the contrary, many lawyers senior management at Philadelphia’s employees. Thus, while billable hours from the public interest sector or the law firms do to attract and retain the may sustain the bottom line, over the join \verb\ To small to mid-size firms have starting best and the brightest lawyers in order long term young lawyers need to be in become a member of salaries that make it difficult to make to maintain the quality of work and an environment where they are learn- a group. ends meet after you factor in their law increase their profits? ing important skills and taking part in school loans and child-care needs. Bruce Tulgan, an author and the marketing and leadership of their Join your Section’s Moreover, many of those attorneys for- founder of a research and consulting firms. List Serve to stay tunate enough to earn these obscene firm launched to explore the working In order to bridge the gap between in touch and keep salaries find it difficult to sustain the lives of those born after 1963, says the young lawyers and senior manage- up to date on the intense billable hour requirements, and generation gap between Generation ment, I have created a Work-Life Task latest Bar events.Vi s i t in some cases they are sacrificing their Xers (those born after 1963) and older Force that will be presenting a personal lives. According to Elaine generations in power is unique. “We Chancellor’s Forum in October, where w w w. p h i l a d e l p h i a b a r. o r g Petrossian, assistant dean for the Office are living through the most profound young lawyers can express some of the for more information. of Career Strategy & Advancement at changes in the economy since the difficult choices created by the Villanova University School of Law, Industrial Revolution and all of the demands of balancing work and life. “Even under challenging economic cir- forces shaping the changing economy Members of the senior bar will have cumstances junior attorneys remain are the same forces that shaped the opportunity to express the “other
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Career Corner Writing Sample Can Be When Harry Left Sally: Difference in Job Hunt City Students Ponder by James LaRosa and Gary Mintz You want to provide the firm with a Broken Engagement writing sample that is an indication of One issue that job candidates often your best work. Your writing sample by Sheryl L. Axelrod posed to her. Sally accepted and grapple with is providing a writing should highlight your ability to analyze moved to Philadelphia and the cou- sample. Candidates often have a diffi- and research complex issues and that The issue of when, if ever, some- ple began planning their wedding. cult time determining what to provide you are able to write in a concise, per- one who accepts an engagement But two months before the wedding and when to do so. As a general rule, a suasive and intelligent manner. ring may be required to give it back date, Harry called it off. He then writing sample should not be provided You also want to provide a writing if the engagement is broken was the asked Sally for the ring back and upon submission of a resume when sample that was written fairly recently. subject of this year’s Michael K. she complied, determined never to applying for a job, unless of course it is In general, your writing sample should Smith Oratorical Contest, sponsored speak with him again. requested. Many candidates put the not be more than two years old. If you by the Young Lawyers Division. About two weeks later, however, phrase “writing sample and references have been practicing for more than a The contest, which is run by the Harry called Sally and the two available upon request.” This phrase is year, you should avoid providing any- Executive Committee, provides an began speaking again. They wound largely unnecessary. Employers assume thing written during law school. Em- opportunity for Philadelphia public up closer than ever. Harry eventual- that if they request a writing sample, ployers generally want to see what you school students in grades 4 to 8 to ly proposed to Sally again, with the the candidate can and will provide one. have been producing out in the “real present 15-minute mock oral appel- same ring. This time he promised, Placing the phrase on your resume world.” late arguments to panels of volun- “I’m ready to get engaged now. takes up valuable space that can be Also, it is important to be aware that teer lawyer judges. The June 11 con- Please marry me,” and Sally agreed. used to highlight your accomplish- it is becoming more common (for liti- test was held at the School Sally and her parents spent ments. gation positions) for employers to ask Administration Building. Students $40,000 over the next six months Candidates should go into every for deposition transcripts. It would be a participate in the contest entirely on preparing for the wedding ceremo- interview assuming that the employer good idea to have a deposition tran- a volunteer basis. They are not ny and reception but an hour before will request a writing sample. At least script ready for any potential employer required to do so and receive no the wedding, Harry called to say he one copy of a writing sample should be who might request one. credit for their participation from couldn’t go through with it. Two brought to the interview. Even if the As for the type of writing sample to their schools. months later, he asked her for the interviewer does not request a writing provide, that all depends upon your This year’s problem was written ring back. When Sally would not sample, it reflects well upon the candi- experience and the type of position for by YLD Executive Committee mem- return it to him, he sued her in the date if he or she offers a sample for which you are applying. There are ber Michael Hayes. The problem’s Court of Common Pleas of review. Similarly, it could reflect nega- some basic rules that apply to all writ- protagonists were Harry Englebert, a Philadelphia for the return of the tively upon the candidate and leave ing samples. CPA living in Philadelphia, and Sally engagement ring or reimbursement the interviewer with the impression As with your resume or cover letter, Ferguson, a San Diego surgeon. of the $15,000 he spent to purchase that the candidate was unprepared if a it is critical that there are no errors. Not Harry met Sally while on a week- it. After losing in the trial court and writing sample is requested and not only will the employer read your writ- long vacation in Southern California before the Superior Court, Sally provided at the time. ing sample, they will be reading it with and stayed in touch with her when appealed to the Supreme Court of If you are in the situation where a an extremely critical eye. They will be he returned to Philadelphia. The two Pennsylvania, which agreed to con- writing sample is requested and you looking for any errors in grammar, spoke and visited each other regu- sider the case. did not bring one, make certain that spelling, citation or form. Remember, larly. On one of Sally’s visits to The problem actually raised two you follow-up and provide a sample in this is the item you have chosen to Philadelphia, Harry pulled out a issues: (1) whether acceptance of an an expeditious manner. If you are showcase your writing ability. If there $15,000, 2-carat, square-cut, plat- interested in the position, you should are mistakes in this piece of writing, inum band diamond ring and pro- continued on page 18 provide the writing sample within a what might be expected from you in couple of days. You can send it by e- your other writing efforts? mail, mail or have it hand delivered. It Another basic rule, although it may is generally not a good idea to fax a seem obvious, is to not provide any writing sample because there is a much confidential information. Any materi- Career Planning and Placement greater chance for some of the pages to als that are a public record can be pro- from get lost or mixed up than when deliv- vided. If you feel your best work con- ered by e-mail or in an envelope. Also, tains confidential information, be care- faxed materials generally do not look ful to redact all information of a confi- as sharp and clear as an original copy. dential nature (i.e., client names or Although it is not your fault that a fax other case-sensitive information). There does not look as good as the original, it is nothing wrong with providing a will hurt the impression you are hop- redacted copy of a memorandum if Career counseling and résumé review services ing to make. that memorandum is the best and most by appointment, It is critical to not underestimate the appropriate writing sample for the Mondays from 9 to 11 a.m. and Fridays from 1:30 to 4 p.m. importance of a good writing sample. position you are pursuing. But be very at Bar Headquarters. For an appointment, call Cindy Towers at On more than one occasion, candidates careful not to provide any information (215) 751-9100, extension 301 have lost out on great opportunities that can even remotely be considered JuriStaff, the only legal staffing agency endorsed by the Philadelphia Bar because their writing sample was less confidential. Association, provides temporary, temporary-to-permanent and direct-hire than stellar. If the position is between Try to provide material that is total- placements of attorneys, paralegals and support staff. two good candidates, most times the ly your work. Of course, even the best employer will go with the candidate and most senior attorneys will have that has the superior writing sample. A somebody review a brief before sub- Learn more at great impression in an interview can mission. The research and body of the often be overshadowed by a poor writ- material, However, should be your www.juristaff.com or www.philadelphiabar.org ing sample, or a writing sample that work product. If sections of the materi- or call JuriStaff at (215) 751-9100, ext. 301. took several days to produce. continued on page 18
BAR REPORTER / JULY 2002 17 7/02 PBR 7/9/02 2:53 PM Page 18
City Council Honors Lotman
Arline Jolles Lotman was recently honored by Philadelphia City Council with a joint resolution, com- memorating the 30th anniversary of her appointment as the first executive director of the Governor ’s Commission on the Status of Women and commending her on her life - long commitment to women’s rights. She is shown with Rochelle M. Fedullo (left) and Roberta D. Pichini (right), co-chairs of the Philadelphia Bar Association’s Women in the Profession Committee. The resolution was sponsored by Councilman Michael Nutter.
CONTEST engagement ring is conditional not upon the agreement to get engaged. A siasm and good spirits of the volunteer upon the acceptance of the agreement wedding ring is conditional upon the attorney judges. They made the stu- continued from page 17 to marry, but upon the fruition of the occurrence of a marriage.” dents feel at ease during what could wedding. The cases also strongly favor The students also argued that once otherwise have been an intimidating engagement ring is conditional upon the argument that fault is irrelevant to a wedding proposal has been accepted, experience. Because of them, the stu- the agreement to marry, or upon get- the analysis. in the absence of fraud, a bride-to-be dents had a wonderful time as did ting married; and (2) whether, in this Pennsylvania follows a “bright-line” should not be forced to return the ring, their friends, family, teachers and other analysis, the question of who is at fault rule whereby, absent marriage, an especially in this case where the supporters. On behalf of the YLD, we in breaking the engagement is relevant. engagement ring must be returned groom’s behavior was egregious. They thank each of them wholeheartedly for The students were asked to represent after the engagement is broken off. also argued that the court should con- donating their time to the contest and either Harry or Sally before the Thus, in brief, the cases favor Harry sider the lack of fault on Sally’s part, even more importantly, for their con- Supreme Court of Pennsylvania. being entitled to the return of the ring, and allow her to keep the ring. geniality. We hope they enjoyed being In doing so, the students were pro- or $15,000. Some students even considered the involved in the contest as much as we vided three cases that speak to the Of course, the contest was designed question of whether Sally should be did. issues raised by the problem, as well as to be fun, and to give the students entitled to compensation for the The members of the Michael K. the Restatement (First) of Restitution 58: confidence in public speaking. They monies she and her parents spent in Smith Oratorical Contest Committee Lindh v. Surman, 742 A.2d 643 (Pa. 1999), could choose to represent Sally and anticipation of the wedding. While would like to thank the following indi- Ruehling v. Hornung, 98 Pa. Super. 535 raise counter-arguments, such as that Pennsylvania law clearly favors the viduals who volunteered their time in (1929) and Ferraro v. Singh, 495 A.2d 946 persuasively raised by one student as position that expenditures made in judging this year’s contest: Kendra (Pa. Super. Ct. 1985). The cases clearly follows: anticipation of a wedding are not Baisinger, Rick Brown, Michelle K. favor the argument that the gift of an “An engagement ring is conditional recoverable, some students argued, Carson, Denise R. Case, Aretha Delight based on the position of a dissenting Davis, Colleen Garrity, Lisa Harding, justice in Lindh, that it would be cruel Linda L. Kazmerski, Tobias Millrood, that shows your drafting skills. It is a CAREER CORNER to a bride-to-be such as Sally to both Todd Mosser, Meredith Myers, Peena K. balancing act, however, in that continued from page 17 strip her of the ring and to leave her Patel, Scott M. Pollins, Andrew Prusky, although you want to provide the most and her parents in the lurch, having Britt Russell, Alexis Schuette, Workers’ al were written or substantially rewrit- applicable writing sample, you also spent monies on a marriage the Compensation Bureau Judge Michael ten by another attorney, you should be want to provide a sample of your best would-be bride was promised would Snyder, David Sontag, Brett Stecker, careful to note that fact at the end of work and sometimes the two are not occur. Cecelia Valentine, Jill Welch, Alita the writing sample, directing the reader the same. In that situation, you have to The contest was a success and a Wingfield, Melissa H. Witsil and Eric to the sections that were not your work make a decision about what will best total of 19 students showed off their Zajac. product. display your abilities. One solution skills to the volunteer attorney judges. The committee also appreciates the Another critical element is to make might be to provide more than one The students were scored on the con- efforts of Melvin Garrison, collaborat- certain you have a thorough knowl- writing sample. tent of their presentations, the original- ing teacher, social studies, at the School edge of your writing sample and the One final issue is the length of the ity of their presentations and on their District of Philadelphia. Thanks to issues involved. You should be pre- writing sample. As noted above, it is oratory skills. Only the top three stu- Garrison, teachers across Philadelphia pared to answer questions about the best to go with your best and most dents in each division were to be given public schools were notified about the sample, particularly in a second inter- appropriate work. If your best work is prize certificates and savings bonds, contest and given the problem and view. a 70-page brief, you should provide it. but the students were so good that two cases to distribute to interested stu- If possible, try to provide a sample Although the employer in all likeli- students in the 4th-to-6th grade divi- dents. that is applicable to the position for hood will not read the entire brief, they sion were awarded first place, in addi- Members of the Michael K. Smith which you are applying. If you are will read enough sections to evaluate tion to the second- and third-place fin- Oratorical Contest Committee of the applying for a products liability associ- your writing ability. ishers. Two students in the 7th- and YLD include co-chairs Sheryl L. ate position, try to provide a brief or 8th-grade division were also awarded Axelrod and Mariam Koohdary. Other memorandum on a products case. If it James LaRosa, Esq., and Gary Mintz, Esq., are recruiters with Juri S t a f, fInc., the exclusively endorsed legal staffingboth first and second place, in addition members are Michael Hayes, Sophia is a commercial litigation position, pro- agency of the Philadelphia Bar Association. LaRosa can to there being a third-place winner. Lee and Angine M. Harriott. vide material covering a commercial be reached at (215) 175 - 9100, extension 302 or by e-mail at jlarosa @ j u ri s t a.com, f f Mintz can be reached at5 )(21 The contest would not have been a action. If the position is a transactional 751 - 9100, extension 315 or by e-mail at success had it not been for the enthu- Sheryl L. Axelrod is a member of the Young Lawyers position, you want to provide material g m i n t z @ j u ri s t a f f. c o m . Division Executive Committee.
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Nominating Committee Family Law Formed Section Welcomes The Nominating Committee of the Newest Judges Philadelphia Bar Association has been formed. Committee members are Chair Carl S. Family Law Section Chair Mar g a ret Klaw Primavera, Gabriel L.I. Bevilacqua, Merritt A. (right) poses with Philadelphia Family Cole, Doreen S. Davis, Norman E. Donoghue II, Court Judge Myrna P. Field during a recep - Rochelle M. Fedullo, Bruce A. Franzel, Rudolph tion for the newest Family Court judges on Garcia, Allan H. Gordon, Niki Ingram, Marla A. June 19 in the Conser v a t o ry at the Park Joseph, Victor F. Keen, Ronald A. Kovler, Susan J. Hyatt Philadelphia at the Bellevue. Dozens Kupersmith, Marsha L. Levick, Lynn A. Marks, of people (below) attended the event. Linda F. Rosen, Judith Frankel Rubino, Richard S. Seidel, David J. Steerman, Joseph A. Sullivan and Audrey C. Talley. Association Secretary Sayde Joy Ladov serves as a non-voting member of the committee. The committee has scheduled dates for its next meetings. They are Tuesday, Sept. 10, at noon, Tuesday, Oct. 15, at 4 p.m., and Wednesday, Oct. 16, at 4 p.m. Offices for which candidates are being solicit- ed are Vice Chancellor, secretary, assistant secre- tary, treasurer, assistant treasurer, and five seats on the Board of Governors, three of which are to be nominated by the Nominating Committee. Each Board seat carries a three-year term. Individuals who wish to be considered for any of the above offices should submit a resume of their background and indicate the position for which they wish to run. Materials should be submitted to the chair of the Nominating Committee, Carl S. Primavera, c/o Mary Kate Nolen, Philadelphia Bar Associa- tion, 1101 Market St., 11th Floor, Philadelphia, Pa. 19107-2911, no later than 5 p.m., Friday, Oct. 11.
CIVILITY in an old-fashioned way by enjoying with each other every day, and thus do the belief that civility is making a the give and take, but doing so civilly- not have the same pressing concern for comeback, and everyone remained continued from page 11 after all, yelling is not synonymous mutual respect and civility. It was hopeful that this was indeed the case. tions in line, engage in rigorous crimi- with persuasive lawyering. Stretton acknowledged, though, that demeaning lamented the movement toward spe- and abusive behavior can still lead to Ga b riel DeVitto is recording secretary for the Professional nal advocacy and promote justice. Responsibility Committee. According to Alva, chair of the cialization, claiming that lawyers now retaliation. Many attendees espoused Criminal Justice Section, civility often act from one viewpoint, and that between lawyers seems to be waning. the days of lawyers finding that little Alva discussed the notion of the “good case where they can correct an injus- old days” when you could remain tice are over, as the time required in TER Presents Awards friendly with those whom you advo- specialization does not allow for this. cated against. Now, however, lawyers The challenge, Stretton said, is to incor- blame the opponent, the judge and porate civility into an ever-changing even the client for a lack of civility, legal profession. when really they should hold them- Should lawyers take advantage of selves accountable. Alva pleaded that the obvious mistakes of the other side? attorneys should stop attacking one How far should this extend? Both the another and rather represent each panel and those in attendance other as well as our clients. Lawyers expressed a concern as to whether or should be zealous, but within reason, not granting extensions to opposing law and ethics. If each attorney takes counsel, in the name of civility, could the first step, Alva said all attorneys be prejudicing your own client. Alva will take this step, and we will indeed said that in the realm of criminal law, it return to the good old days. is a lawyer’s obligation to take advan- Stretton asserted that the lack of tage of the other party’s mistake. civility was a symptom of a greater Several attorneys expressed a con- Incoming Tau Epsilon Rho Law Society Chancellor Stuart J. Agins (left in left photo) problem in the legal community, cern that the Philadelphia legal com- presents a token of the group’s appreciation to Mark N. Cohen for two terms of service namely that the law has become much munity has grown to such a size that as Chancellor of TER. David L. Cohen (right in right photo) is presented with TER’ s more a business than a profession. accountability is no longer possible, Benjamin Levy Community Service Award by Agins during festivities on May 14. Stretton urged attorneys to be lawyers and that lawyers do not have to deal
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AF I List Has Some Notable Omissions AFI’s Top 100 Screen Romances ARTS & MEDIA The American Film Institute’s list 34. ``Beauty and the Beast,’’ 1991 69. ``Harold and Maude,’’ 1971 of top 100 U.S. screen romances: 35. ``Gigi,’’ 1958 70. ``Sense and Sensibility,’’ 1995 1. ``Casablanca,’’ 1942 36. ``Random Harvest,’’ 1942 71. ``Way Down East,’’ 1920 2. ``Gone With the Wind,’’ 1939 37. ``Titanic,’’ 1997 72. ``Roxanne,’’ 1987 3. ``West Side Story,’’ 1961 38. ``It Happened One Night,’’ 1934 73. ``The Ghost and Mrs. Muir,’’ 1947 4. ``Roman Holiday,’’ 1953 39. ``An American in Paris,’’ 1951 74. ``Woman of the Year,’’ 1942 5. ``An Affair to Remember,’’ 1957 40. ``Ninotchka,’’ 1939 75. ``The American President,’’ 1995 6. ``The Way We Were, 1973 41. ``Funny Girl,’’ 1968 76. ``The Quiet Man,’’ 1952 7. ``Doctor Zhivago,’’ 1965 42. ``Anna Karenina,’’ 1935 77. ``The Awful Truth,’’ 1937 8. ``It’s a Wonderful Life,’’ 1946 43. ``A Star Is Born,’’ 1954 78. ``Coming Home,’’ 1978 9. ``Love Story,’’ 1970 44. ``The Philadelphia Story,’’ 1940 79. ``Jezebel,’’ 1939 10. ``City Lights,’’ 1931 45. ``Sleepless in Seattle,’’ 1993 80. ``The Sheik,’’ 1921 11. ``Annie Hall,’’ 1977 46. ``To Catch a Thief,’’ 1955 81. ``The Goodbye Girl,’’ 1977 by Marc Reuben 12. ``My Fair Lady,’’ 1964 47. ``Splendor in the Grass,’’ 1961 82. ``Witness,’’ 1985 13. ``Out of Africa,’’ 1985 48. ``Last Tango in Paris,’’ 1972 83. ``Morocco,’’ 1930 The first time I looked at a televi- 14. ``The African Queen,’’ 1951 49. ``The Postman Always Rings 84. ``Double Indemnity,’’ 1944 sion special from the American Film 15. ``Wuthering Heights,’’ 1939 Twice, 1946 85. ``Love Is a Many-Splendored Institute (AFI), about its rating of the 16. ``Singin’ in the Rain,’’ 1952 50. ``Shakespeare in Love,’’ 1998 Thing,’’ 1955 “100 Best American Films,” two things 17. ``Moonstruck,’’ 1987 51. ``Bringing Up Baby,’’ 1938 86. ``Notorious,’’ 1946 crossed my mind. First, that no mem- 18. ``Vertigo,’’ 1958 52. ``The Graduate,’’ 1967 87. ``The Unbearable Lightness of ber of the AFI had ever seen a movie 19. ``Ghost,’’ 1990 53. ``A Place in the Sun,’’ 1951 Being,’’ 1988 made earlier than 1960, and second, 20. ``From Here to Eternity,’’ 1953 54. ``Sabrina,’’ 1954 88. ``The Princess Bride,’’ 1987 that looking at the AFI list made me 21. ``Pretty Woman,’’ 1990 55. ``Reds,’’ 1981 89. ``Who’s Afraid of Virginia feel like everyone’s grandfather. 22. ``On Golden Pond,’’ 1981 56. ``The English Patient,’’ 1996 Woolf?,’’ 1966 This year, the list of horrid omis- 23. ``Now, Voyager, 1942 57. ``Two for the Road,’’ 1967 90. ``The Bridges of Madison County,’’ sions from the AFI “100 Best American 24. ``King Kong,’’ 1933 58. ``Guess Who’s Coming to Dinner,’’ 1995 Romances” is just as awful as in the 25. ``When Harry Met Sally...,’’ 1989 1967 91. ``Working Girl,’’ 1988 past. But, for some reason, the Institute 26. ``The Lady Eve,’’ 1941 59. ``Picnic,’’ 1955 92. ``Porgy and Bess,’’ 1959 has included in their list a group of 27. ``The Sound of Music,’’ 1965 60. ``To Have and Have Not,’’ 1944 93. ``Dirty Dancing,’’ 1987 films that pre-date 1960. Either the AFl 28. ``The Shop Around the Corner,’’ 61. ``Breakfast at Tiffany’s,’’ 1961 94. ``Body Heat,’’ 1981 is graying, or some of them took the 1940 62. ``The Apartment,’’ 1960 95. ``Lady and the Tramp,’’ 1955 advanced film history course. 29. ``An Officer and a Gentleman,’’ 63. ``Sunrise,’’ 1927 96. ``Barefoot in the Park,’’ 1967 I started reviewing older films in the 1982 64. ``Marty,’’ 1955 97. ``Grease,’’ 1978 early 1960s, when looking at silent 30. ``Swing Time,’’ 1936 65. ``Bonnie and Clyde,’’ 1967 98. ``The Hunchback of Notre Dame,’’ films was like looking at “My Fair Lady” 31. ``The King and I,’’ 1956 66. ``Manhattan,’’ 1979 1939 (1964) today. (The AFI put the stolid 32. ``Dark Victory,’’ 1939 67. ``A Streetcar Named Desire,’’ 1951 99. ``Pillow Talk,’’ 1959 “Lady” on its list to compensate for the 33. ``Camille,’’ 1937 68. ``What’s Up, Doc?,’’ 1972 100. ``Jerry Maguire,’’ 1996 fact that the true gem “Pygmalion” was a 1935 British movie.) I remember Valentino festivals in local theaters, and instance, while I don’t really disagree particular order: “Cyranno deBergerac,” (1950) “Gertie the Dinosaur” (1914), not to with anything on the list, I think plac- “Laura,” (1944) “Good Will Hunting,” (1997) mention Farmer Alfalfa (the silent car- ing Disney’s 1991 “Beauty and the “Penny Serenade,” (1941) “Broken Blossoms,” (1919 with toons played by Uncle Pete Boyle, of Beast” on it is a bit thin. The 1946 “Heaven Can Wait,” (1943 - the Lillian Gish) blessed - and I mean blessed - memo- Cocteau film was enchanting and Lubitsch film with Gene Tierney) “Mr. Deeds Goes to Town,” (1936) ry). Fatty Arbuckle films were an early romantic. The cartoon version was a “Pride and Prejudice,” (1940 – Greer and “Meet John Doe,” (1941) both television favorite, and the Keystone bit icky. But placing 1933’s “King Kong” Garson and Laurence Olivier) excellent Capra films starring Gary Cops were televised every Saturday on the romance list shows imagination “Waterloo Bridge,” (1940) Cooper in his best roles. morning. I think I may be the only and insight. The monkey film rivals the “Carmen Jones,” (1954 with Harry “Shane,” (1953) person who remembers Wallace Beery. best romances of any nation in any Belafonte and Dorothy Dandridge) “All This, and Heaven Too,” (1940) At any rate, the AFI has come up time and it is a particularly American “The 39 Steps,” (1935) And finally, anything with Hedy with this romance list. Judging from product. All that was missing, to quote “The Prisoner of Zenda,” (1937 Lamarr, Errol Flynn, Jean Harlow or the list, it appears that something very Thelma Ritter, “is the dogs snappin’ at Ronald Colman and Madeleine Carroll) Lena Horne – all of whom were per- serious has happened to the concept of her rear end.” “Romeo and Juliet,” (the 1968 formers who, with the exception of romance in recent years, I agree. There are notable omissions from Zeffirelli version - I was in London Horne, (who wasn’t given the opportu- Slatternly fashion and violent sex doth the romance list. Rather than rewrite when I saw it and they had to carry nity) couldn’t act but put audiences in not a summer make. AFI does have an the AFI list, which I didn’t find objec- weeping girls out of the theater) a romantic mood just by looking at odd concept, however, of romance. For tionable, I add the following, in no “Anastasia,” (1956) them.
The Philadelphia Bar Reporterwel- withheld upon request. All submis- mailed and should be directed to: Jeff Send Us comes law-related submissions for sions will be promptly considered by Lyons, Managing Editor, Philadelphia publication. Articles relating to a spe- the Bar ReporterEditorial Board. Edit- Bar Reporter, Philadelphia Bar Your News, cific practice area, commentary, book ors reserve the right to condense for Association, 1101 Market St., 11th reviews, and letters to the editors are clarity, style and space considerations. floor, Philadelphia, Pa. 19107-2911. Views, Photos welcome. Letters must be signed to Articles and/or requests for publi- Phone: (215) 238-6345. Fax: (215) 238- verify authorship, but names will be cation may be mailed, faxed or e- 1267. E-mail: [email protected].
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Legal Clinic for Disabled Nominations Due Aug. 16 Names Chase Director
The Legal Clinic for the Disabled, for Annual Brennan Award Inc., which provides free legal ser- vices to low-income adults and chil- Nominations are being accepted for assumption of a leadership role in Eastern District of Pennsylvania (2000). dren with physical disabilities in the the Association’s William J. Brennan Jr. areas affecting the administration of The award was not given in 2001. Philadelphia area, has named Distinguished Jurist Award that recog- justice; publication of a significant arti- Members of this year’s award com- Victoria L. Chase as its new execu- nizes an individual who adheres to the cle, opinion or other scholarly work; mittee include Ann B. Laupheimer of tive director. highest ideals of judicial service. The and the like. Blank Rome Comisky & McCauley, LLP, Before joining the Legal Clinic, award will be presented at the October U.S. Supreme Court Associate Justice and Sunah Park of Thorp Reed & Chase worked as a litigation associ- Quarterly Meeting, said Francis P. William J. Brennan Jr. was the first Armstrong, LLP. ate with Manko, Gold, Katcher & Newell, chair of this year’s award com- recipient of the award, which was cre- Nominations for the Justice Brennan Fox, LLP, where she was the firm’s mittee and partner at Montgomery, ated in 1995. The award, which is now Distinguished Jurist Award should be pro bono coordinator. She also has McCracken, Walker & Rhoads, LLP. named in honor of Justice Brennan, forwarded to Brennan Award, Attn: served as an honors attorney with Any member of the state or federal was subsequently awarded to President Genna Viozzi, Philadelphia Bar Asso- the U.S. Department of bench, whether active or retired, who Judge Alex Bonavitacola of Philadel- ciation, 1101 Market St., 10th Floor, Transportation in Washington, D.C. has made a significant, positive impact phia Common Pleas Court (1996); Judge Philadelphia, Pa. 19107, and must be Chase attended Rutgers on the quality or administration of jus- Phyllis W. Beck of Pennsylvania Super- received by 5 p.m. on Friday, Aug. 16. University Law School in Camden, tice in Philadelphia is eligible for con- ior Court (1997); Chief Judge Edward R. Each nomination should include a N.J., and was director of the sideration. Accomplishments worthy of Becker of the U.S. Court of Appeals for summary of the nominee’s accomplish- Community Dispute Resolution recognition might include innovations the 3rd Circuit (1998); Senior Judge ments and any relevant supporting Committee, a volunteer organization in court administration; implementa- Louis C. Bechtle of the U.S. District material, if desired, as well as the full that provides mediation services to tion of pioneering case management Court for the Eastern District of Penn- name, address and phone number of the Camden County Courts. techniques; issuance of an opinion sylvania (1999); and Chief Judge James both the nominee and the person sub- with far-reaching, positive effects; T. Giles of the U.S. District Court for the mitting the nomination.
Tuesday, July 16 Board of Governors Cabinet – meeting, noon, 10th floor Board Room. Wednesday, July 17 CALENDAR OF EVENTS Section Chairs Meeting with Chancellor – 8:30 a.m., 10th floor Board Room. Workers’ Compensation Section Executive Committee – meeting, 10:30 a.m., 11th floor Committee Room. Note: While the following listings have been verified prior to press time, any scheduled event may be sub- Workers’ Compensation Section – meeting, noon, 11th floor Conference Center. Lunch: $7. ject to change by the committee or section chairs. Family Law Section Executive Committee – meeting, noon, 11th floor Committee Room. Monday, July 1 Philadelphia Bar Foundation Board of Trustees – meeting, noon, 10th floor Board Room. Public Interest Section Executive Committee – meeting, noon, 10th floor Board Room. Professional Responsibility Committee – meeting, 4 p.m., 10th floor Board Room. Family Law Section – meeting, 4 p.m., 10th floor Board Room. LegalLine – 5 p.m., 11th floor LRIS Offices. Wednesday, July 3 Thursday, July 18 Delivery of Legal Services Committee – meeting, 8:30 a.m., 10th floor Board Room. Women in the Profession Committee – meeting, 10th floor Board Room. Lunch: $7. Civil Rights Committee – meeting, 12:15 p.m., 11th floor Committee Room. Friday, July 19 Thursday, July 4 Social Security and Disability Benefits Committee – meeting, noon, 11th floor Conference Independence Day – Bar Association offices closed. Center. Lunch: $7. Law School Outreach – meeting, noon, 10th floor Board Room. Friday, July 5 Philadelphia Lawyer Editorial Board – meeting, 12:30 p.m., 11th floor Committee Room. Bar Association offices closed. Tuesday, July 23 Monday, July 8 Criminal Justice Section – meeting, noon, 11th floor Conference Center. Lunch: $7. Environmental Law Committee – meeting, 12:30 p.m., 11th floor Conference Center. Lunch: Compulsory Arbitration Committee – meeting, noon, 10th floor Board Room. Lunch: $7. $7. Business Law Section Pro Bono Committee – meeting, 4:30 p.m., 10th floor Cabinet Room. Wednesday, July 24 Persons with Disabilities Committee – meeting, 12:30 p.m., 11th floor Committee Room. Wednesday, July 10 Criminal Justice Section Executive Committee – meeting, noon, 10th floor Board Room. Thursday, July 25 Medical-Legal Committee – meeting, 4 p.m., 10th floor Board Room. Lawyer Referral and Information Service Committee – meeting, noon, 11th floor Committee Room. Thursday, July 11 State Civil Committee – meeting, noon, 10th floor Board Room. Lunch: $7. Elder Law Committee – meeting, noon, 10th floor Cabinet Room. Board of Governors – meeting, 4 p.m., 10th floor Board Room. Alternative Dispute Resolution Committee – meeting, 12:15 p.m., 10th floor Board Room. Domestic Violence Committee – meeting, 4 p.m., 10th floor Cabinet Room. Lunch: $8.50. Legislative Liaison Committee – meeting, 12:30 p.m., 11th floor Conference Center (back). Friday, July 26 Lunch: $7. Law School Outreach – meeting, noon, 10th floor Board Room. Committee on the Legal Rights of Lesbians and Gay Men – meeting, 12:30 p.m., 11th floor Tuesday, July 30 Committee Room. Minorities in the Profession Committee – meeting, noon, 10th floor Board Room. Lunch: $7. Philadelphia Bar Reporter Editorial Board – meeting, 12:30 p.m., 11th floor Conference Young Lawyers Division Cabinet – meeting, noon, 10th floor Cabinet Room. Center (front). Committee to Promote Fairness – meeting, 4 p.m., 10th floor Board Room. Friday, July 12 Law School Outreach – meeting, noon, 10th floor Board Room. Unless otherwise specified,h all e ksc c for luncheons and programs should be made payable to the Philadelphia Bar Association and mailed to Bar Headquarters,1 01 Market1 St., 11th fl., Philadelphia, Pa.1 0 197- 2 911. Send Bar Monday, July 15 Association-related calendar items 30 days in advance to Managing Editor, Philadelphia Bar Reporter, Philadelphia Bar Association, 11 01 Market St., Philadelphia, Pa.1 0197- 2 911. Fax: (215) 23 8 - 12 67. E-mail:r e p o r t e r @ p h i l a ba r. o r g . Business Law Section Executive Committee – meeting, noon, 10th floor Board Room.
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GOLF 1. Lee Goldstein, Jack Hubbert, Team Low Net (Old Course) 3. Frank Chernak, Mike deQuevedo, Michael Trudgeon 1. Mark Aronchick, Brian Aronchick, John Thane, Robert Tate continued from page 14 2. Ed David, Sam Kursh, Scott Craig Aronchick, Russell Nigro Straightest Drive (Men) ties: LexisNexis, American Lawyer Measley, Peter Scuderi 2. Bill Becker, Pat Hughes, Paul Lew Bostic (Old) Media, USI Colburn Insurance Service, 3. George Connell, Hank Smith, Hummer, Charles Zall Henry Kuller (Grace) Saul Ewing LLP, Litvin, Blumberg, Randy Smith, Binney Wietlisbach 3. Josh Greenbaum, Thomas Closest to the Pin (Men) Matusow & Young and Pitney Bowes. Team Low Gross (Grace Course) Harrington, Patrick McGinley, Bernard Tom Harrington (Old) The following is a list of winners at 1. Ed Caufield, Jim Decker, Carl Zbrzeznj Carl Everett (Grace) the 14th Annual Philadelphia Bar Everett, Tom Sheridan Team Low Net (Grace Course) Straightest Drive (Women) Foundation Golf Classic: 2. Chris Bottini, Francis Devine, 1. Paul Carr, Mark Fuessinger, Steve Binney Wietlisbach (Old) Individual Gross (Old Course) Richard Golomb, Ruben Honik Phelps, Jon Young Brenda Waiter (Grace) 1. Craig Aronchick 3. Thomas Brophy, Peter Miller, 2. Steve Keajeer, Chad Mancini, Closest to the Pin (Women) 2. Jack Hubbert Bruce Morrison, Eric Weiss Corey Papini, Doug White Binney Wietlisbach (Old) 3. Peter Scuderi Individual Gross (Grace Course) 1. Chris Bottini 2. Carl Everett 3. Mark Fuessinger Team Low Gross (Old Course) YEAR CLUBS continued from page 12
“She said to me ‘John, you can’t be with those people and not of them.’ Fortun- ately for my chosen occupation, my father, an Irish revolutionary, said ‘He’s a lawyer, he’s got to represent the peo- ple that need him. Suppose he was a doctor. Would you want him to treat only the common cold and ignore peo- ple with cancer and syphilis? She backed off.” “Of course my father was kind of predictive in what he said because can- cer and syphilis have been the staple of my clientele,” Rogers joked. Carroll likened the McCarthy Era to today’s fears about terrorism. “The lawyers of this country and of this city have, in my view, a special obligation to see that our civil liberties are upheld while at the same time we do what we can to defend ourselves from terrorists. We cannot forget that it’s our job to make this country worth defending. And the civil liberties that we enjoy certainly make it worth defending,” he said. “We face an attorney general’s office that believes now it can label people, American citizens, as foreign enemy combatants. And by that label, put them in military prisons, assign them to military courts and try to evade the writ of habeus corpous in which their rights to a civilian trial would be test- ed. It’s the lawyers’ job to do something about that,” he said. Carroll said it’s now up to the “young folks” to continue to make this Bar the Bar of Andrew Hamilton, the Bar of the “old guys who did step up to the plate and take a cut at the ball.” In closing, Carroll quoted Oliver Wendell Holmes. “A man can live great- ly in the law as elsewhere. There, as elsewhere, he can wreak himself upon life, and wear his heart out after the unattainable. The torch is yours,” he said. In other business at the Quarterly meeeting, a bylaw amendment allow- ing the Chancellor to fill vacancies on the Judicial Commission was approved.
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of persuasion in Santa Monica, Calif., group that draws upon private sector Vincent R. McGuinness Jr., a on June 20 and 21. leadership, public officials, the acade- member of Cozen O’Connor, was mic community and individual citizens P E O P L E recently awarded the Business on Marc S. Raspanti, founding share- to solve problems impacting on south- Board® Member of the Year Award by holder with Miller, Alfano & Raspanti, eastern Pennsylvania, southern New Judge Edward the Arts & Business Council of Greater P.C., discussed “The Growing Jersey and northern Delaware. R. Becker, chief Philadelphia. Whistleblower Threat…and What to judge of the U.S, Do About It” at the sixth annual UCG Frederic I. Weinberg of Gordon & Court of Appeals E. Harris Baum, founding member Compliance Strategies Seminar. Weinberg, P.C. has been elected execu- for the Third of Zarwin, Baum, DeVito, Kaplan, tive council member of the Creditors Circuit, has been O’Donnell & Schaer, P.C., has been M. James Maley, a shareholder Rights Section of the Commercial Law selected as the elected by the Philadelphia Board of with Parker, McCay & Criscuolo P.A., League of America. recipient of the 20th Judges to serve as a commissioner on spoke at the U.S. Environmental annual Devitt the Fairmount Park Commission. Protection Agency’s Brownfields Beverly A. Black, principal in the Distinguished Service to Justice Award Conference in Edison, N.J., on May 16. Law Offices of Beverly A. Black, has by the American Judicature Society. He Michael D. Shepard, a partner He discussed the Gloucester County been elected president of the Northeast will be honored Sept. 30 at the U.S. with Blank Rome Comisky & Brownfield Redevelopment Initiative. Sunrisers Rotary Club. Supreme Court in Washington, D.C. McCauley LLP, was the moderator of the panel presentation “IRS Reform: Stephen A. Ryan, a shareholder Meyer “Mike” Michael M. Baylson, a partner Did We Go Too Far?” at the May meet- with Marshall, Dennehey, Warner, Silver, founder with Duane Morris LLP, has been con- ing of the American Bar Association Coleman & Goggin, presented a CLE and senior partner firmed to a federal judgeship in the Tax Section in Washington, D.C. seminar on medical malpractice pro- of Silver & Silver, U.S. District Court for the Eastern fessional liability on May 31. has been elected District of Pennsylvania. He is expected Arthur Bachman, a partner with chair of the Arth- to be sworn in in August. Blank Rome Comisky & McCauley LLP, Mitchell S. ritis Foundation’s was a presenter at the IRS Q & A Ask Clair, a partner Eastern Pennsyl- Michael H. Reed, a partner with the Experts session at the Mid-Atlantic with Donald F. vania chapter. Pepper Hamilton LLP, has been elected Area Employee Benefits Conference Manchel Associates, vice president of the Pennsylvania Bar May 16 to 17. The conference was has been named Carolyn S. Nachmias, of counsel Association. He will become president cosponsored by the IRS and the the 2002 George F. with Schnader Harrison Segal & Lewis in 2004, making him the first African- American Society of Pension Actuaries. Douglas Jr. Amicus LLP, has been nominated for the American lawyer to lead the 107-year- Curiae Award hon- Southeastern Pennsylvania Region old organization. Regina Stango Kelbon, a partner oree by the Board of Directors of the American with with Blank Rome Comisky & Pennsylvania Trial Lawyers Heart Association. Her one-year term Deborah R. Willig, managing part- McCauley LLP, moderated a panel on Association. The award recognizes out- begins on July 1. ner at Willig, Williams & Davidson, lessor strategies in the post-petition standing accomplishments in brief was honored at the Temple University world at the Equipment Leasing writing and oral argument before Thomas C. DeLorenzo, a share- Beasley School of Law Founders Day Association Legal Forum held May 5 to Pennsylvania’s highest courts. holder with Marshall, Dennehey, Reception for her outstanding service 7 in Chicago. Warner, Coleman & Goggin, participat- to the law school and for “distinguish- Joseph M. Manko and Robert D. ed in the Pennsylvania Trial Lawyers ing herself in her field so as to bring Sharon M. Reiss, a partner with Fox, partners with Manko, Gold, Association seminar on voir dire, honor to the school and university.” Post & Schell, P.C., addressed state Katcher & Fox, LLP, have been selected openings and closings, on June 7. court jurists attending The National as the first recipients of the University Daniel A. Judicial College in Reno, Nev,. on May of Pennsylvania School of Law’s new David G. Concannon, a solo prac- Cirucci, associate 22 on the subject of managing com- adjunct teaching award. Honorees are tioner, has been elected to the Board of executive director plex civil litigation. selected by the associate dean based Directors of the Sea-Space Symposium. for communica- on student evaluations of courses. The meeting of astronauts, government tions and public Joseph A. Manko also participated in two panel officials and senior executives of affairs at the Gerber, a mem- discussions on brownfield market oceanographic and aerospace compa- Philadelphia Bar ber of Cozen strategies as part of the Pennsylvania nies was held in Key Largo, Fla., on Association, has O’Connor, has been Department of Environmental May 12. been chosen as this elected a trustee of Protection’s Land Recycling Program year’s outstanding alumnus of the the Chubb Workshop on May 13 and 14 in Valley Steven M. Miller, a partner with Rowan University graduate program in Foundation. Forge. Blank Rome Comisky & McCauley LLP, public relations. Established in 1953, has been installed as president of the the Chubb Leslie Anne Miller, of counsel at Kaiserman Branch of the Jewish Margaret A. McCausland, a part- Foundation provides scholarships to McKissock and Hoffman, P.C., has Community Centers of Greater ner with Blank Rome Comisky & deserving students in the families of received an honorary Doctor of Laws Philadelphia for a two-year term. McCauley LLP, has been accepted into qualified current or retired employees degree from Thomas Jefferson The Forum of Executive Women, an of the Chubb Corporation, one of the University College of Health organization that promotes the largest property and casualty insurers Professions. advancement and success of women in in the United States and the world. the Greater Philadelphia region. Bruce S. Katcher and Joseph J. Names Are News Wendy E. Bookler, of counsel at McGovern, partners with Manko, Regina M. Foley, an associate with “People” highlights news of Blank Rome Comisky & McCauley LLP, Gold, Katcher & Fox, LLP, made pre- members’ awards, honors or Litvin, Blumberg, Matusow & Young, has been appointed Pennsylvania State sentations at the New Jersey has been elected to the House of appointments of a civic or com- Government Relations co-chair of the Environmental Brownfields Program munity nature. Information may Delegates of the Pennsylvania Bar International Council of Shopping Seminar on May 22 at the Clarion Association. be sent to Jeff Lyons, Managing Centers. Hotel and Conference Center in Cherry Editor, Philadelphia Bar Reporter, Hill, N.J. Philadelphia Bar Association, 1101 James R. Redeker, vice chairman Butler Buchanan III, a share- of Wolf, Block, Schorr and Solis-Cohen Market St., 11th floor, Philadelphia, holder with Marshall, Dennehey, Jeffrey A. Leonard, a member of Pa. 19107-2911. Fax: (215) 238-1267. LLP, has been elected as chairman of Warner, Coleman & Goggin, spoke at Cozen O’Connor, has been appointed the board of directors of the Prince E-mail: [email protected]. the Defense Research Institute Young to the board of The Penjerdel Council. Photos are also welcome. Music Theater. Lawyers Committee seminar on the art The council is a business advocacy
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PBI Expands Online CLE Real Property Offerings Spring Reception Real Property Section members (from left) Rob Getz, The Pennsylvania Bar Institute has Mike Balent and Alan D. Keiser meet at the Section’ s announced an expansion of its Online annual Spring Reception at Maggiano’s Little Italy on Campus in response to the recent deci- June 6. sion by the Pennsylvania Supreme Court to accredit online training under the Pennsylvania CLE Rules. The pilot project, which will allow for the accreditation of Internet or computer-based CLE, will extend for two years, beginning Jan. 1, 2003. Other accreditation and operational condi- tions relative to the project include: • The number of distance learning credits that may be applied to the annual compliance requirement shall not exceed three (3). • Only distance learning courses pre-approved by the PA CLE Board may be taken for PA CLE credit. • In order to receive PA CLE credit, each attendee must complete an evalu- ation of the course in a format deter- mined by the PA CLE Board. • Courses must provide mechanisms to ensure interactivity and/or monitor course participation; participants must complete the program in such a man- ner that certification of attendance is controlled by the provider. • Course providers shall agree to report, to the PA CLE Board, on a monthly basis, the course attendance and course evaluation data for each participant who successfully completed distance learning program(s) during the previous thirty (30) days. This informa- tion shall be reported in a format determined by the PA CLE Board. Additional distance learning pilot project information for lawyers and providers, including instructions on how to become a participating distance learning course provider, will be made available at www.pacle.org. “We have anticipated this action by the Court and CLE Board and have had a Special Distance Learning Committee, as well as our staff, preparing to imple- ment this new vehicle for providing CLE,” said PBI Board President Chester Corse.“ Once we know the specifics of the new CLE Rule we are prepared to go forward with our program within the time period provided. Our initial CLE offerings may very well be audio programs in each major practice field, as well as in ethics. “We intend to remain in the fore- front of providing high quality, conve- nient and affordable programs to meet the educational needs of the Pennsyl- vania Bar. Attorneys in many parts of the state find it difficult to meet their annual CLE requirements. We believe that online training can be an impor- tant supplement to our existing offer- ings,” Corse said.
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